MIAM (Mediation Information and Assessment Meeting) Do I Need a Miam Before Going to Court?

If you're in dispute with your ex or struggling to settle your separation, you may be considering court proceedings. Before applying to court, you are legally required to attend a Mediation Information and Assessment Meeting (MIAM) to explore whether mediation could help resolve your issues instead of going straight to court.

What is a MIAM?

A MIAM is a meeting between you and a trained mediator to assess whether mediation is a suitable way to resolve your dispute. During the session, the mediator will explain:

Your available options
What mediation is and how it works
The benefits of mediation and other dispute resolution methods
The potential costs of mediation
Whether you qualify for free mediation through Legal Aid

How Does a MIAM Work?

The session typically lasts around 45 minutes and is held individually.

What Happens After a MIAM?

After the MIAM, your mediator determines whether mediation is appropriate for your situation. If so, with your permission, they will contact the person you would like to mediate with and invite them for a MIAM.

Should both parties wish to proceed with mediation and it has been deemed a suitable case, the mediation process can then begin.

If either of you decides not to proceed or the mediation breaks down, your mediator can then sign the relevant court form (sometimes referred to as a MIAM Certificate, C100 or Form E) to show you have considered mediation. This enables you to issue your application at court.

In some cases, mediation is not suitable, and you may be exempt from attending a MIAM.

Below are some of the key situations where a MIAM exemption may apply:

There has been domestic abuse
There are child protection concerns
You have previously attended a MIAM (in the last 4 months) or where it is the case that you and your former partner can show that you have attempted to resolve matters via a form of Non-Court Dispute Resolution in the last 4 months
Bankruptcy