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Discover the benefits of MIAM Mediation (Mediation Information Assessment Meetings) and Legal Aid Mediation. Experience a less stressful, cost-effective alternative to traditional legal representation
MIAM stands for Mediation Information and Assessment Meetings (MIAMS) and is your first step in the family mediation process when you find yourself in painful situations as a result of separation. Your accredited family mediator offers shuttle mediation in separate rooms and is a safe space to discuss significant changes with minimal impact. Attending a MIAM (Mediation Information and Assessment Meeting) is generally a legal requirement before you can apply to the court for certain types of family law orders or a court application. Although mediation is a voluntary process, this requirement of attending a MIAM is in place to encourage the use of mediation as a way to resolve disputes without going to court. Typically, your initial meeting is carried out individually rather than a joint MIAM appointment.
There are specific exemptions to this requirement, such as cases involving domestic abuse or urgency. If an exemption applies, you may not need to attend a MIAM before proceeding to court. A professional and unbiased trained family mediator assesses your family conflicts at your initial assessment meeting and determines if mediation is a suitable alternative to taking legal action. The cost of the MIAM can vary, but financial support may be available if you are eligible for legal aid.
In some cases, child inclusive mediation may be considered, especially if there are child protection concerns. Inclusive mediation aims to involve all relevant parties to find the best solution for everyone involved. Shuttle sessions, where parties are in separate rooms, can be used to minimise conflict. A full list of exemptions is available, and in such cases, you may not need to attend a MIAM. Mediation can be a good solution for resolving will disputes and other family conflicts without involving the judicial system. If mediation is not suitable, the mediator will provide a signed form, allowing you to issue proceedings in court..
For families eligible for legal aid, the UK government provides financial assistance for family mediation. This helps make mediation accessible and affordable, offering a viable alternative to costly legal disputes.
Legal Aid Eligibility
To be eligible for Legal Aid toward the cost of Mediation you must:
For more information on the eligibility criteria, visit the gov.uk website.
In addition to Legal Aid the Family Mediation Voucher scheme is also available -The Ministry of Justice offers voucher scheme aimed at assisting eligible cases by offering a contribution of up to £500 towards family mediation expenses. This initiative underscores the commitment to facilitating the resolution of family law disputes outside the courtroom when deemed suitable, thus supporting individuals with the cost of mediation in finding amicable solutions.
Q: How long does MIAMS take?
A: A MIAMS session typically lasts between 45 minutes to an hour.
Q: Do I have to do a face to face meeting for my MIAM?
A: No we carry out online MIAM via Teams and Zoom in most cases.
Q: Can I bring my lawyer to a MIAMS session?
A: While it’s not a requirement, you can bring your lawyer to your MIAMS session.
Q: What happens after my MIAM session?
Attending a MIAM differs from engaging in mediation itself. A MIAM serves to provide clarity on available options for resolving issues in the most suitable course of action. It’s a valuable step in comprehending and navigating the paths toward resolution.
Q: What happens if we don’t reach an agreement in mediation?
A: If mediation is unsuccessful, you can choose to proceed with traditional legal representation
Mediation could be a suitable option if you’re seeking a collaborative approach to resolving family disputes. Conducted by a qualified family mediator, it’s a process endorsed by the Family Mediation Council and often supported by the Family Court.
Considering the recent introduction of the Family Mediation Voucher Scheme by the Ministry of Justice, which provides financial assistance of up to £500 for mediation costs, exploring this avenue becomes more accessible for eligible cases.
However, it’s crucial to acknowledge that mediation might not be appropriate in cases involving domestic violence or where there’s a significant power imbalance. In such instances, seeking legal advice and potentially obtaining a MIAM exemption or accessing free MIAM sessions could be essential steps.
During the MIAM meeting, the costs of mediation, as well as the first mediation session, can be discussed along with financial information. This meeting also serves as an opportunity to assess whether mediation is the best way forward, considering factors like the experience of the mediator and the availability of different rooms for private discussions if needed.
If mediation progresses positively, agreements can be formalized into a Consent Order, a relevant court form that reflects the decisions made during mediation.
However, if mediation isn’t successful or isn’t deemed appropriate, exploring alternative dispute resolution methods like collaborative law or seeking a court order may be necessary.
In summary, while mediation can be a good option for many, it’s essential to weigh the circumstances carefully, seek legal advice when needed, and consider all available options before determining the next steps in resolving family disputes