When couples are divorcing and cannot reach an agreement through direct discussions, the court places great emphasis on the parties resolving any disagreements through non-court dispute resolution. Non-court dispute resolution is the overarching term for alternative methods to court to help parties resolve issues relating to divorce and finances.
One of the methods which falls under non-court dispute resolution is mediation. If you are considering mediation, the first step will be to attend an initial meeting with a mediator, so see if mediation is likely to be appropriate in your case. This meeting is commonly known as a MIAM appointment.
In addition, the government have made it a legal requirement for all parties to attend a MIAM before an application to deal with finances can be issued at court; essentially, to ensure that mediation and any other form of non-court dispute resolution have been considered properly by the person wanting to start court proceedings. For further information about the court’s emphasis on non-court dispute resolution, please see our article here.
What happens in a MIAM?
A MIAM is a confidential meeting between you and a specialist family mediator. It is a confidential meeting where you will be able to explain your situation to the mediator and they will outline the forms of non-court dispute resolution that are available.
As part of the meeting the mediator will also explain the mediation process whilst listing the pros and cons and assessing whether it would be appropriate for your situation. The mediator can also provide you with contact information for other services that are available who provide help and support through a divorce.
At the end of the MIAM, the mediator will provide you with a MIAM certificate. The MIAM certificate will detail whether the mediator thinks mediation is suitable or not.
If mediation is deemed unsuitable, or it has but the other party has not responded to an invitation to mediate, and court proceedings are started, you will need to provide a copy of the MIAM certificate within your application. A MIAM certificate will only last for 4 months, so it is important to note the date of expiry if you are thinking about making the application to court.
Are there any exemptions?
There are various exemptions covering situations which mean you do not need to attend a MIAM. They include; domestic violence, urgency and a previous attempt at mediation.
The urgency category covers situations where to delay the issuing of proceedings would cause; risk to life, physical safety or protection to you or your home, unreasonable hardship, a miscarriage of justice or a risk that your spouse issued proceedings in another country.
In order to rely on the previous attendance at MIAMs, it must have taken place within the last 4 months.
The other exemptions include;
- The presence of a bankruptcy petition
- No or lack or contact details for a spouse
- None of the mediators within 15 miles of the potential applicant’s home can provide a MIAMs appointment within 15 days
- There is no authorised mediation office within 15 miles of the potential applicant’s home.
- Either the husband or the wife is in prison
- Either the husband or the wife is not habitually residence in England & Wales
Some mediators offer a free MIAMs appointment but most will charge a fixed fee. Legal Aid is available for mediation and so the mediator may highlight your eligibility during the MIAM. There is also currently a government scheme which provides a contribution to mediation costs for eligible parties in relation to mediation regarding children disputes. Please find further information here.
Lizzie Smith, a partner in the family finance team, explains mediation further in her article for Family Mediation Week.