MIAMs – Jargon Busting Part 1

In the first part of our Jargon Busting Series, we look in-depth at what a MIAM is, how it can benefit separating couples and alternatives to the court process.

What is a MIAM?

You may have heard the acronym MIAM and wondered what it meant and how they work. Put simply, a MIAM is a:

Mediation Information and Assessment Meeting.

It is pronounced ‘MY-AM’ and involves meeting a specially trained experienced family mediator, who can help explain some alternatives to the court process. Avoiding court can often be a beneficial, cost-effective and less intrusive option in many cases. It focuses on constructive discussion and resolving disputes fairly in a way both parties can live with and accept. It does involve compromise.

Why do I need a MIAM?

MIAMs are there to focus on people’s empowerment to make their own decisions on issues that they are often best placed to make.

What can I expect at a MIAM?

Most frequently, the couple will be invited separately to private, individual meetings with the mediator.

Must I attend a MIAM?

The applicant (the person asking the court to get involved) will almost always have to go to the meeting. The other person is expected to go, but does not have to unless the court says this must happen.

What if I don’t think this is suitable for me… and there any exceptions?

Most separating or divorcing couples will need a MIAM. However, there are very specific circumstances where you may be exempt.

You can look at the court application form, which sets out clearly all the possible exemptions that can apply in different situations.

Key examples of exemptions may be in cases of: Evidence of domestic violence; or a risk of serious harm to children.

In these case you may wish the court to decide what should happen without an initial MIAM.

What if we are separating or divorcing and have already decided the financial arrangements?

If your financial arrangements are already decided the court can be asked to turn that agreement into a ‘consent order.’ In such cases there is no need to attend a MIAM first.

What is the trend with MIAMs?

Divorcing or separating couples often need to resolve disputes around children and finances. This used to always need a lengthy, stressful and often expensive court process. Since a change in the law in April 2014, divorcing and separating couples in England and Wales who want to access the courts have to show that they have attended a MIAM before they can apply for a court order. According to Legal Aid Statistics Quarterly, published by the Ministry of Justice, from October to December 2018, Mediation Information and Assessment Meeting volumes were 4% higher than in the same quarter of 2017. See more on: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/789886/legal-aid-statistics-bulletin-oct-dec-2018.pdf