
Understanding MIAMs: the first step in family mediation
Associate Evie Smyth explains what a MIAM (Mediation Information and Assessment Meeting) is, what to expect during one, whether attending is mandatory, the exceptions to attendance, and what your options are if you decide not to mediate.
When facing a relationship breakdown, many people are unsure of their options outside of court. A Mediation Information and Assessment Meeting (MIAM) is often the first step in exploring a more constructive way to resolve issues such as finances and child arrangements.
What is a MIAM?
A MIAM is a private, one-to-one meeting with a qualified family mediator. Its purpose is to help you understand the mediation process and to assess whether it is a suitable option for resolving your family law dispute. Mediation is one type of non-court dispute resolution (NCDR), which is becoming increasingly popular in England and Wales.
At the MIAM, the mediator will explain how mediation works, including other alternatives to court such as:
- lawyer-led negotiation
- resolution together (one couple one lawyer)
- collaborative law
- early neutral evaluation
- arbitration
- family court proceedings
You will attend the MIAM without your ex-partner or spouse present. The conversation is confidential and designed to ensure you feel safe to speak openly. The mediator will use this time to assess whether mediation is appropriate for your situation, taking into account any safety concerns or communication issues.
What happens during a MIAM?
The meeting allows the mediator to:
- provide information about the different options to reach a resolution
- understand your concerns and priorities
- understand the potential issues between you
- consider practicalities for any future joint sessions (e.g., room setup, necessary breaks)
MIAMs can be held in person or via video call, depending on your preference.
Is attending a MIAM mandatory?
Yes—in many cases. If you are considering mediation with your ex-partner/spouse, both of you will need to attend a MIAM. Typically, one person attends first, and if mediation seems suitable, the mediator invites the other to book their own meeting.
Additionally, if you wish to apply to court for a financial order or for arrangements concerning children, attending a MIAM is usually a legal requirement. After attending, the mediator can issue a MIAM certificate, which is valid for four months and must be submitted with your court application.
Are there any exceptions?
Yes—there are limited circumstances where you may be exempt from attending a MIAM. There are 15 exemptions in total, including:
- evidence of domestic abuse
- child protection concerns
- previous MIAM attendance within the past four months
- urgency
These are set out in Rule 3.8 of the Family Procedure Rules. In many cases, especially involving allegations of domestic abuse, you will need to provide supporting evidence to claim an exemption.
What if I don’t want to mediate?
It’s common to have concerns about mediation—especially if communication has broken down or if there are worries about power imbalances. The MIAM is a chance to discuss those concerns and consider whether adaptations like shuttle mediation (where each party is in a separate room) or hybrid mediation (where solicitors are present) might make the process feel safer and more manageable.
While you are encouraged to attend with an open mind, you are not required to go on to mediate if, after the MIAM, you don’t believe it is right for you. The mediator will still issue the MIAM certificate you need to make a court application. However, if you choose not to mediate, be aware that a judge may ask you to explain your reasons and may even pause court proceedings to encourage further efforts at resolution outside of court.
How should I prepare?
There is no formal preparation required, but it can be helpful to think in advance about:
- what you hope to achieve
- any concerns you have about mediation
- questions you’d like to ask the mediator
Writing these down beforehand can help you make the most of your time.
How we can help
Our experienced family mediators are here to support you at every step of the process. Whether you’re just starting to consider your options or you’re ready to attend your MIAM, we can guide you through the process and help you find the right path forward for your family.
Evie Smyth is an associate in the family and children team. She helps guide separating families through different forms of dispute resolution, including negotiation, mediation, private hearings and the court process.
Fiona Read, Hannah Minty, James Carroll, Kate Hamilton, Katie Longmate, and Rachel Donald are trained mediators in the family and children team.
Get in touch
If you would like to speak with a member of the team you can contact our family and children solicitors by telephone on +44 (0)20 3826 7520 or complete our enquiry form.