MIAM

A MIAM (Mediation Information and Assessment Meeting) is your first meeting with a qualified family mediator. For most family court applications about children or finances, attending a MIAM is a legal requirement before you can apply, and since April 2024 the rules around it have changed.

This page explains what a MIAM is, what happens during the meeting, who needs one, the recent changes to the law, and how to book. If you would rather just talk it through, call us on 0333 567 1676 or send a confidential message.

What is a MIAM?

The MIAM is the first formal contact you have with a family mediator. It usually lasts up to an hour and is held with you on your own. The other party attends their own separate MIAM. We hold all of our MIAMs online or by telephone, so there is no need to travel.

The meeting is confidential and legally privileged. It gives you a safe space to talk openly about your situation, understand your options, and decide how you want to move forward. There are two narrow exceptions to that confidentiality: where the mediator believes there is a risk of harm to a person (especially a child), and where the mediator is told about the commission of a serious criminal offence. Your mediator will explain both at the start.

What happens during a MIAM?

During your MIAM the mediator will:

• explain how family mediation works and answer your questions;
• discuss the issues in your case: child arrangements, finances, property, or all of these;
• assess whether mediation, or another form of non-court dispute resolution, is suitable for your circumstances;
• talk through any safeguarding or welfare concerns, including domestic abuse, in confidence;
• take down the details needed to invite the other party, if you decide to proceed.

The mediator is completely impartial. They will not take sides, will not tell you what to do, and cannot give legal advice. Their role is to help you and the other party have a constructive, future-focused conversation aimed at a fair agreement.

Information it helps to have ready

To make the most of your MIAM, it helps to have a few details to hand:

• Contact details for yourself and the other party: name, address, phone and email.
• Children’s details (if relevant) names, dates of birth, where they live, who holds parental responsibility, and any existing court order.
• Financial details (if relevant) an outline of property, mortgages, savings, pensions, debts and income. Full financial disclosure comes later, but a picture helps.

What changed in April 2024?

On 29 April 2024 the Family Procedure Rules in England and Wales were updated to put a much stronger emphasis on resolving disputes away from court. The main changes that affect your MIAM are:

• Wider options must be explained. The mediator must now discuss all forms of non-court dispute resolution (NCDR), not only mediation, but also arbitration, neutral evaluation and collaborative law and advise which may suit your case best.
• Fewer exemptions, and evidence required. The grounds for avoiding a MIAM have been reduced. If you claim an exemption, you generally now need to give a reason and evidence to the court; you can no longer simply tick a box.
• A new court form (FM5). In private law children cases and contested financial cases, parties must file a Form FM5 setting out their views on non-court dispute resolution, usually at least seven days before the first hearing.
• Stronger encouragement from the court. Judges can now pause (adjourn) proceedings to allow NCDR to be explored, even where the parties have not agreed to it.
• Costs consequences. A party who refuses to attend a MIAM or engage in NCDR without good reason may face an order to pay costs.

In short, the courts now expect you to have genuinely considered mediation before litigating. A MIAM is how you meet that expectation.

Do I have to attend a MIAM?

If you intend to apply to court for a Child Arrangements Order, Specific Issue Order, Prohibited Steps Order or a Financial Order, you must attend a MIAM first unless a valid exemption applies. This is true even if you are sure court is your only route, the MIAM is a required step, not a commitment to mediate.

Exemptions are limited and include situations involving domestic abuse, child protection concerns, genuine urgency, or where neither party can access a MIAM. The terminology in the rules was also updated from “domestic violence” to “domestic abuse”, reflecting the Domestic Abuse Act 2021.

What happens after the MIAM?

At the end of your MIAM, if the mediator considers your case suitable, they will ask whether you wish to mediate. Mediation is always voluntary.

• If you both agree to mediate, the mediator invites the other party to their own MIAM, and the first joint session can be arranged quickly.
• If mediation is not suitable or you decide not to proceed, the mediator can issue the signed court certificate you need to make your application.

A court certificate is valid for four months from the date of your MIAM. If you apply to court after it has lapsed, you will need a fresh MIAM before you can proceed.

How much does a MIAM cost?

Our MIAM fee is £130 within office hours (Monday to Friday, 9.00am–5.00pm), and £150 for a Saturday morning appointment (9.00am–1.00pm). There are no hidden administration fees. You can see our full pricing on the fees page.

Book your MIAM

To book a MIAM or simply ask a question, call 0333 567 1676, email mediators@wemediate.co.uk, or book your MIAM online. Appointments are held online or by phone, usually within a few days.

Frequently Asked Questions About MIAMs

Is a MIAM the same as mediation?

No. A MIAM is the initial assessment meeting that comes before mediation. It is where the mediator explains your options and checks whether mediation is suitable. Mediation itself, if you choose it, takes place in later joint sessions.

Does the other person have to attend the same MIAM as me?

No. Each party attends their own separate MIAM. You will not be in the meeting together, which allows you to speak freely and in confidence.

How long does a MIAM take?

A MIAM usually lasts up to an hour, depending on the issues involved.

Can I get a court certificate if I don’t want to mediate?

Yes. If you attend a MIAM and decide mediation is not for you, or the mediator decides it is not suitable, you can be issued with the signed certificate needed for your court application.

Do I still need a MIAM if I’m certain I want to go to court?

In most children and financial cases, yes. Attending a MIAM is a required step before applying to court unless a valid exemption applies. Since April 2024, exemptions are more limited and usually require evidence.

What is the FM5 form?

The FM5 is a court form introduced in April 2024. In private law children and contested financial cases, parties set out their views on non-court dispute resolution, usually at least seven days before the first hearing.

Can a MIAM be done online?

Yes. All of our MIAMs are held online or by telephone, so you do not need to travel or take significant time off work.