What is a MIAMS?

A MIAMS is a Mediation Information and Assessment Meeting. This is the first individual meeting conducted with a mediator, allowing the mediator to explain the mediation process in detail and assess the safety and suitability for mediation. Generally, the MIAMS will cover:

• What your options might be
• What mediation is, and how it works
• The benefits of mediation and other appropriate forms of resolving disputes
• The likely costs of using mediation
• If you are eligible for free mediation and Legal Aid

Do I have to attend a MIAMS?

Yes. If you are going through a divorce or separation and have practical issues that need to be resolved, such as arrangements for children, financial agreements, or property matters, you will need to attend a MIAMS before you can submit an application to the court to resolve matters.

The court expects you to attend a MIAMS before an application is made and can reject your application if a MIAMS has not been attended unless you can genuinely claim a valid exemption.

You do not need to attend a MIAMS if you are looking to enforce an existing court order or if you agree on the outcome and want to get a legally binding order by consent.

Do I have to engage in mediation before applying to the court?

No. The requirement is for you to consider mediation through a MIAMS; it is not a legal requirement to engage in mediation, although most courts will now explain the benefits of non-court dispute resolution and urge people to consider this.

What are the exemptions to attending a MIAMS?

There are 15 exemptions to mediation:

1. Domestic abuse (there are additional criteria to establish this)
2. An urgent hearing is required
3. Both people live abroad
4. No mediators within 15 miles
5. The application is without notice
6. Concerns of child safety
7. Applicant or respondent is a child
8. A risk to life
9. Risk that a delay would cause harm to a child
10. Risk that justice could not be done
11. Applicant or respondent are subject to bail conditions that would prevent them from attending mediation
12. Applicant or respondent is in prison
13. The applicant or respondent has a disability that prevents mediation from taking place
14. Applicant or respondent does not have any contact details for the other party
15. There is already an ongoing linked case

How much does a MIAMS cost and how long does it take?

As a general guide, most mediators will charge anywhere between £100 - £150 per person. The MIAMS itself will last from 45 minutes to an hour.

Do I have to attend a MIAMS in person?

No. A MIAMS can be conducted remotely but still face-to-face online. If telephone is the only option, then this is possible, but the mediator must record the reasons why a face-to-face appointment has not happened.

Find out more about the mediation process

Book a free initial consultation with our experienced mediator, Kellie-Jayne Cox, to explain the process to you in more detail and establish whether mediation is the right route for you.

Contact Kellie-Jayne Cox at kjcox@biscoes-law.co.uk or telephone 01420 550543.