If everyone agrees to try mediation then an appointment is made for your first mediation session. If you decide not to continue into mediation or it’s not suitable in your circumstances then the mediator will sign a C100 form, to show you have considered mediation. This means you can take your case to court, if that’s what you [...]
A MIAM is a Mediation Information Assessment Meeting with a specially qualified family mediator, who will explain to you the alternatives to the court process. Most divorcing and separating couples in England and Wales who want to use the court process to resolve any questions about children or money have to show that they have attended [...]
Currently, many people who are separating or divorcing go to court to argue over issues that they are better placed to sort out themselves – such as getting 30 minutes extra contact time with their children or varying their allocated contact days – or spend months on a court application over their finances with uncertainty [...]
Only specially qualified mediators are allowed to conduct MIAMs. A family mediator who is allowed to conduct MIAMs has the experience and the additional training to make sure that he or she can: help you to talk through all the different options provide information to enable you to make a decision about whether mediation is right [...]
During or after the MIAM if, for any reason, either of you chooses not to try mediation (or one of the other alternatives to court), or if the mediator decides that mediation isn’t suitable for you, one of you can ask the court to get involved.
As things stand, only one of you is required to attend a MIAM to talk through mediation and the alternatives to court and decide whether another route could be appropriate for you, your family and your particular circumstances. However, the other person is expected to attend when invited to do so and the court has [...]
You cannot issue an application at court without attending a MIAM unless a specific exemption applies in your case. The court will check to see if any exemption claimed is valid. If the court decides the exemption is not valid, the court may require the applicant to attend a MIAM before it will deal with [...]
Only in certain very specific circumstances – such as where there is evidence of domestic violence or a risk of serious harm to children – can you ask the court to decide what should happen without first attending one of these meetings. If the financial arrangements are already agreed, with or without the help of [...]