Since March 2023, the Government has made mediation mandatory in all suitable Family Court cases involving children, which means that parents must attend a mediation information assessment meeting (MIAM), save for cases which include allegations or a history of domestic abuse. Julia Drury and Richard Rodway in our Divorce & Family Law team explain the MIAM process.
Do I have to attend a MIAM/ go to mediation if getting divorced?
Yes, in most cases, divorcing or separating parents are required to attempt mediation by attending a MIAM before court proceedings can be issued.
There are exceptions, such as when there are allegations or evidence of domestic abuse, child protection issues, or in urgent cases. However, it should be noted that even in cases where there has been domestic abuse, this does not necessarily mean that mediation is unsuitable, as mediators can offer ‘shuttle mediation’ in which the parties will not be in the same room (physically or virtually), and the mediator goes back and forth between them. This can offer a significant level of protection in such cases.
What happens in a MIAM?
In a MIAM, separated parents will meet with a trained specialist family mediator to discuss arrangements for their children, in the hope of reaching an amicable agreement. Mediation is not legally binding, but the Court doesn’t want to get involved in the arrangements for the children unless they have to (this is called the No Order principle). Because of this principle, the Court encourages parents to resolve arrangements by agreement between themselves, and they do not need to have the arrangements for the children enshrined in a legally binding Order.
It is important to note that mediation is not the same as counselling; the purpose of the mediator is to ensure that conversations between parents remain on track and to provide prompts for discussion points that should be considered – they are not there to try to encourage parents to reconcile or to see who may be to blame for the separation. Parents retain control of the process, and mediation can often be more cost-effective than correspondence through solicitors.
Different types of MIAMs
MIAMs can be structured in different ways, depending on the circumstances, and what might be the most effective route to achieve an agreement:
- Sole mediation – One mediator works with both parties from start to finish.
- Co-mediation – Two or more mediators. This may be needed when more than two parties are involved in a dispute, or when more than one issue is involved, requiring different expertise. This type of mediation can also be helpful if there is a lot of conflict between parties.
- Hybrid mediation – A mediator will have separate meetings with the individual parents. This can be suitable for extremely high conflict cases and is supported by solicitors throughout.
- Shuttle mediation – Used in situations where face-to-face communications are too stressful. Each parent remains in a separate room and the mediator ‘shuttles’ between them. This form of mediation is most often used where the emotional impact of being in the same room as a former partner would make informed decision-making difficult.
- Child-focused mediation – Some specialist mediators can offer this service, which means that the child will also be involved with the mediation process and will be able to have their views heard in a safe way. Obviously, this will only happen if both parents and the child agree, and the child is of sufficient age and understanding to understand what is happening.
The Family Mediation Voucher Scheme
The Family Mediation Voucher Scheme is a government-funded initiative that provides a one-off contribution of up to £500 per family toward MIAM mediation costs to help separating couples resolve disputes regarding child arrangements and/or financial arrangements that relate to children outside of court. It is not means-tested and applies to cases with a mediator authorised by the Family Mediation Council (FMC).
Do I need a solicitor to attend a MIAM?
Whilst attending a MIAM, both parents may opt to have a solicitor present to provide legal advice throughout the process. Mediation can be stopped at any point to obtain legal advice, and neither party should be pressured into making any decisions if they wish to speak with a legal representative.
When we, as legal representatives, advise on the arrangements for the children, we consider what Order the Court would make if the parents were engaged in proceedings. This means that we can ‘sense check’ the position that you are putting forward, or the one that is being proposed to you, and can advise you on what other points you might wish to raise based on our experience of cases before the Court.
What if we just cannot mediate?
If you cannot mediate or if it appears that mediation is not helping you reach an agreement, then you will be given a MIAM form; this is the form that you need to present to the Court to issue proceedings.
UK family courts have the authority to impose financial penalties (cost orders) on parents who unreasonably refuse to attend a MIAM or engage in mediation, or who are deemed to have unreasonably prolonged court proceedings, thereby causing detriment to a child’s well-being. It is therefore really important that parents take their mediation sessions seriously, and not just as a means to end up in Court.
How we can help you with a MIAM
If you have any questions relating to MIAMs, or if you require advice on child arrangements whilst in mediation, or before the mediation process has begun, then please contact our family law solicitors:
- Julia Drury on 0118 975 6622 (Lower Earley office)
- Richard Rodway on 01491 570 900 (Henley-on-Thames office)
You can also email us confidentially at office@thpsolicitors.co.uk.