MIAMs & Mediation in Family Court: What You Must Know Before Applying
Do you need a MIAM before applying to Family Court? Learn mediation rules, exemptions, and what litigants in person must know.
MIAMs & Mediation in Family Court: What You Must Know Before Applying
Key takeaways for litigants in person
- In most private children cases, you must attend a MIAM before issuing a court application.
- The requirement is set out in the Family Procedure Rules 2010 and supporting Practice Directions.
- A MIAM is an assessment meeting, not mediation itself.
- There are exemptions — including domestic abuse and urgency.
- If you incorrectly claim an exemption, your application may be delayed.
What Is a MIAM?
MIAM stands for Mediation Information and Assessment Meeting. It is a preliminary meeting with an authorised family mediator.
Before applying for certain orders (including Child Arrangements Orders under section 8 of the Children Act 1989), applicants are generally required to attend a MIAM.
The requirement is reflected in the Family Procedure Rules and the Child Arrangements Programme under Practice Direction 12B.
What Happens at a MIAM?
- The mediator explains what mediation is.
- You discuss whether mediation is suitable.
- Risk and safeguarding concerns are assessed.
- The mediator signs the relevant section of your C100 if mediation is unsuitable or declined.
A MIAM does not mean you must agree to mediate. It is an information and suitability assessment.
When Is a MIAM Required?
A MIAM is usually required before applying for:
- Child Arrangements Orders
- Prohibited Steps Orders
- Specific Issue Orders
- Financial remedy applications
The relevant application form (for example, the C100) includes a MIAM section which must be completed.
MIAM Exemptions
| Exemption | Example |
|---|---|
| Domestic abuse | Police evidence, protective injunctions, safeguarding concerns |
| Urgency | Risk of child abduction or immediate harm |
| Previous MIAM attendance | Attended within last 4 months |
| Inability to locate respondent | No known address/contact details |
Courts can scrutinise exemption claims. If improperly claimed, the court may adjourn proceedings.
What Is Mediation?
Mediation is a voluntary, confidential process facilitated by a neutral mediator. It aims to help parties reach agreement without court determination.
Advantages
- Faster resolution
- Reduced cost
- Greater parental control
- Less adversarial impact on children
When Mediation May Be Unsuitable
- Coercive control
- Domestic abuse risk
- Severe power imbalance
- Non-engagement by the other party
Domestic abuse considerations are particularly important in light of safeguarding principles reflected in Practice Direction 12J.
What If the Other Parent Refuses Mediation?
The mediator can sign the MIAM section confirming mediation was considered but not pursued. You may then proceed with a court application.
Strategic Considerations for Litigants in Person
- Do not treat MIAM as a box-ticking exercise.
- Be clear about safeguarding risks.
- Keep evidence supporting any exemption.
- Remain child-focused in discussions.
Practical Reality
Courts expect parties to attempt non-court resolution where safe and appropriate. Demonstrating reasonableness can strengthen your credibility later.
Book a 15-minute consultation (phone)
If you are unsure whether you need a MIAM, qualify for an exemption, or how mediation may impact your case strategy, you can book a 15-minute consultation below:
Useful links
-
Family Procedure Rules 2010
legislation.gov.uk -
Practice Direction 12B
justice.gov.uk -
Practice Direction 12J
justice.gov.uk -
Children Act 1989
legislation.gov.uk -
Find a Family Mediator
familymediationcouncil.org.uk -
GOV.UK – Apply for a Child Arrangements Order
gov.uk
