MIAM – Do you need one for a family court application?
Then you will need an National Family Mediation Service mediator to sign your form and the certificate confirms mediation has been attempted.
After a marriage or relationship has broken down, there are many important matters to decide, including arrangements for children and financial affairs. In the past, many couples having disputes over this type of issue headed straight for court.
However, the law changed in 2011, introducing new procedures. The change was made because it was felt that in most cases it is easier, cheaper and better all round for families if issues can be solved away from court
Exclusions
Cases where it is impossible to get in touch with an ex-partner, or where there is an allegation of domestic abuse or concerns over child protection issues. If one partner is bankrupt and the issue to be raised is financial.
There may also be no need for a MIAM if the application is part of an ongoing case, or where an urgent court order is needed.
Time Sensitive
There is a time limit on the MIAM form, which means that you have to make the application to the court within 4 months following your Meeting.
If you don’t, you will need to arrange another MIAM with a mediator to see whether the situation has changed, meaning that mediation is now likely to succeed.
If A MIAMS Is not Suitable?
In some cases is felt that mediation may not not appropriate, or you and your former partner may decide they do not want to participate in mediation with you
In this situation, the mediator will issue a Family Mediation 1 (FM1) form, allowing you or your solicitor to go ahead with applying for a court order.
Mediation with National Family Mediation Service is a process that helps families resolve disputes through facilitated discussions that are designed to reach a mutually acceptable outcome. The mediator—a neutral third party—assists family members in identifying and discussing their concerns and needs. The mediator does not take sides or make any decisions. Instead, the focus remains on creating a collaborative and constructive dialogue that leads to a resolution.
The actual mediation process starts with a joint meeting where the parties, along with the mediator, discuss their respective positions and identify any areas of agreement or disagreement. The mediator encourages the parties to actively listen to the other party’s perspective, and to avoid interrupting or criticising. After the initial meeting, the mediator meets with each party separately to help identify private concerns and goals.
Confidentiality remains a key component throughout the process with National Family Mediation Service . Once the mediator has collected enough information from both parties, a negotiation session may occur, which aims to reach an agreement between all parties. This process may repeat itself over a few mediation sessions.
MIAMs represent court-ordered mediation services facilitated by a qualified and impartial third party, known as the mediator. The purpose is to address complex family matters outside the courtroom.
This requirement proves advantageous for both the court system and the involved families due to various reasons. The emotional and personal toll of family disputes can be intensified in the clinical and unforgiving atmosphere of a court, often escalating tensions rather than fostering resolution.
Ideally, a court should serve as the last resort, not the initial option, for family-related legal issues. Opting for an out-of-court meeting with a mediator offers a beneficial alternative, creating a supportive and neutral environment where participants can express their concerns and needs in a constructive and calm manner.
Contact a Mediator: Find a qualified family mediator in your area. You can do this by searching online, asking for recommendations from legal professionals, or checking with local family court services.
Schedule an Appointment: Once you’ve identified a mediator, contact them to schedule a MIAM. During this initial contact, the mediator will provide you with information about the process and discuss whether mediation is suitable for your situation.
Attend the MIAM: Attend the scheduled MIAM appointment. This meeting is an opportunity for the mediator to explain the mediation process, discuss the issues at hand, and assess whether mediation is appropriate for your case.
Invite the Other Party: If both parties are willing to participate in mediation, the mediator will invite the other party to attend a separate MIAM. If the other party refuses to attend or if mediation is not deemed suitable, the mediator will provide you with the necessary documentation to proceed to court, if needed.
Mediation Sessions (if agreed): If both parties agree to proceed with mediation after the MIAM, a series of mediation sessions will be scheduled. During these sessions, the mediator will facilitate discussions to help the parties reach agreements on issues such as child custody, financial matters, and other relevant topics.
Mediation Outcome: If agreements are reached through mediation, the mediator can help formalize these agreements into a legally binding document. If mediation is not successful or if one party refuses to participate, you may be provided with the necessary documentation to proceed to court.
Court Application (if necessary): If mediation does not lead to resolution or is not suitable for your case, and you wish to pursue matters in court, you can proceed with the necessary court application. The mediator can provide you with the appropriate forms and information.
Our mediators are qualified to conduct MIAMS meetings, recognised by the courts as compliant. They will ensure meetings are held in a safe space and in an appropriate manner. We will schedule an initial meeting.
In a MIAM you will have the opportunity to tell the mediator about your situation and the issues that need to be agreed upon, the mediator will also explain the mediation process to you.
If both parties agree to try mediation, we will set up an appointment for your first session.
If you choose not to continue with mediation or if it’s not suitable for your situation, the mediator will have already discussed other options for resolving things during the information and assessment meeting (MIAM). If you decide to apply to court to resolve an issue discussed during the MIAM, you can request the mediator to sign the court form as long as you attended the MIAM within the last four months.
You can start the process of your online MIAM by speaking to the National Family Mediation team and clicking here. We will take as much information as possible about your situation and also your availability, so we can ensure the appointment is convenient and we understand your circumstances,
Looking to resolve Family Issues? Speak to National Family Mediation