MIAM requirements
Confidentiality: the MIAM is confidential, subject to exemptions in respect of abuse, violence or harm, and unlawful activity.
Legal requirement before issuing Family Court proceedings (a statutory MIAM): in most cases, it is a legal requirement should you have an immediate or settled intent to issue Family Court proceedings (the Applicant) in England & Wales, regarding finances and/or child arrangements. If the matter proceeds to Court, the person responding to the Court application (the Respondent) will also be expected to have attended a MIAM. Furthermore, a Judge may direct them to attend a MIAM.
Separate meetings for screening: Nancy will meet with each participant separately. Nancy will assess whether mediation is suitable, effective and safe. Should Nancy and/or you decide that mediation is not appropriate, Nancy will provide practical and sign-posting information to suit your family's circumstances.
What happens during a MIAM?
Outlining options: during the MIAM, Nancy will outline all options outside Court - including Family Mediation - to enable you to make an informed choice about the best process(es) to resolve your current family circumstances. As such, Nancy will explain the pros and cons of entering into Family Mediation together with assessing how mediation may assist your family.
Tailor-made information: Nancy will appreciate your particular circumstances and the issues you seek to resolve. She will then give you tailor-made options about the different dispute resolution processes available to you, including Family Mediation.
Difference between a MIAM and Family Mediation
The MIAM is an initial meeting to explore and understand the mediation process, assess its suitability, and discuss all other alternatives than issuing Court proceedings.
Family Mediation involves a series of sessions with the participants where Nancy, as an impartial and neutral mediator, facilitates and helps the participants towards reaching solutions and/or a mutual agreement regarding their family disputes.
Where, how long and costs of a MIAM?
MIAM sessions are generally held online (a weblink is provided).
The MIAM session lasts between 45 minutes and 1 hour.
A MIAM costs £240 per session which fee includes signing any required Court form. Should the participants agree to enter into Family Mediation, Nancy will then explain the costs of the process.
Exemptions from attending a MIAM
There are some exemptions from attending a MIAM. These include: domestic abuse, child-protection concerns, urgency, or that you previously attended a MIAM/applied for an exemption within the last four months.
Each family situation is unique.