A clear guide explaining what a MIAM is, what happens during one, and when a MIAM certificate may be needed.
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If you are separating from your partner or going through a divorce, you may have come across the term MIAM and wondered what it means.
MIAM, or Mediation Information and Assessment Meeting, is often the first step in the family mediation process and provides you with the opportunity to understand your options before making any decisions about your future.
A MIAM is a private, confidential meeting between you and a qualified family mediator. You attend the meeting on your own, giving you the opportunity to explain your circumstances, discuss what has brought you to mediation, and ask any questions you may have. It is your time to talk openly about your situation in a safe, supportive environment.
Everything you discuss during your MIAM remains confidential and will not be shared with anyone else, including your former partner, unless there is a safeguarding concern where someone may be at risk of harm. If both you and your former partner decide to proceed with family mediation after your individual MIAMs, the mediation sessions themselves are based on openness and transparency, helping you work together towards practical and lasting agreements.
A MIAM is also your opportunity to learn exactly what family mediation involves, how the process works, and whether it could be the right approach for you and your family. Many people attend believing that court is their only option, only to discover there are several ways to resolve disputes without the stress, expense and uncertainty of court proceedings.
Although your mediator cannot provide legal advice, they will explain all the options available to you, including mediation and other forms of dispute resolution. The purpose of the meeting is to ensure you have the information you need to make informed decisions about the next steps for you and your family.
There is no expectation for you to make any decisions during your MIAM. Instead, the meeting allows you to gather information, understand the process, and ask any questions you may have before deciding how you wish to move forward.
An important part of every MIAM is assessing whether mediation is suitable for your individual circumstances. Your mediator will consider whether the process is appropriate, whether you would feel safe taking part, and whether you are in the right position to make important decisions that may affect the future of your family. Your wellbeing and safety will always come first.
Before mediation can begin, both you and your former partner will attend your own individual MIAMs separately. This allows each of you to speak freely and confidentially with the mediator while receiving the same information about the mediation process. Following your meetings, you will each make your own decision about whether you wish to proceed with mediation itself.
Many people are surprised to learn that attending a MIAM is a legal requirement before making most applications to the Family Court. The Ministry of Justice introduced MIAMs because the courts strongly encourage separating couples to explore whether issues relating to children, finances or both can be resolved through family mediation before beginning court proceedings.
Of course, mediation is not suitable in every case. If mediation is inappropriate, or if you decide there is no alternative but to make an application to court, your mediator can issue a MIAM Certificate. This certificate confirms that you have attended a Mediation Information and Assessment Meeting, learned about the different options available for resolving disputes outside of court, and that making a court application is the appropriate next step. In most cases, you will need a valid MIAM Certificate when submitting your application to the Family Court, unless an exemption applies.
A MIAM is not about convincing you to take part in mediation or asking you to make immediate decisions. It is about ensuring you understand all of the options available to you, so that you can make informed choices with confidence. Whether your journey continues through family mediation or ultimately requires court proceedings, attending a MIAM is an important first step towards finding the right outcome for you and your family.
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