Families and Children Act become Law, making MIAMs compulsory.

What is a MIAM?

A MIAM is a Mediation Information and Assessment Meeting between a person wishing to find out more about mediation and an experienced mediator, accredited for the purpose.

Why is it so topical?

From Tuesday 22 April 2014, anyone wishing to make a court application regarding their children and financial arrangements MUST attend a MIAM apart from in exceptional circumstances (Children and Families Act 2014)

Why?

John Hind, Director of Compass Resolution a mediation service covering Exeter explains that;

“The number of parents going to court on their own, without any representation, has rocketed over the last year for all sorts of reasons.

Many of these parents still have little idea that;

1. mediation is available to them,

2. what mediation involves,

3. how it can help them

4. legal aid is available, making mediation free of charge

5. court proceedings can be incredibly traumatic for everyone and lead to an escalation of conflict.

6. court proceedings and ongoing conflict can cause long term damage to the children

For these reasons and more, the Government wants separating couples to find out all about mediation and how it can help them, before going to court.

For my own part, as a family mediator, I believe that most couples are quite capable of reaching their own agreements, avoiding court and keeping their costs to a minimum, with the right motivation and support from the most appropriate family professionals for the work.”

What happens in a MIAM?

1. Each person will spend about 45 minutes to an hour with a mediator, in a confidential meeting, explaining their circumstances so that the mediator can get a good sense of the differences and challenges facing each person and what to focus on in mediation.

2. The mediator will explain all about mediation and other dispute resolution options, checking which is the most suitable for the separating couple and their circumstances.

3. The mediator will make a decision at the end of each meeting whether mediation is suitable and explain their reasons.

4. They may also signpost the parents to helpful resources in the form of other family professionals and websites.

5. This is all free if the person qualifies for legal aid,which the mediator will check.

At the end of the MIAM, each person should have a clear idea about what will happen next and whether to try mediation, because no one actually knows whether mediation will work until it is attempted.

Until that happens we are in the realms of assumptions and perceptions, which may be right but which may also of course be wrong.

If the separating couple commit themselves to reaching their own agreements for themselves and their children in mediation, rest assured that the mediator will match that commitment but it all starts with a MIAM.

On a final note, John Hind, urges couples to check things out with a mediator as early as they can; I would say to most couples, do not wait until you feel you have to apply to court, take the opportunity now to see a mediator at the earliest opportunity. Focus on diffusing conflict, not escalating it.” http://www.compass-resolution.com/