23
General information for completing this form
Requirement to attend a Mediation, Information and
Assessment Meeting
1. It is now a legal requirement that, unless an
exemption applies, a person who wishes to apply
to court for one or more of the orders listed at
paragraph 1 of these notes must rst attend a
Mediation, Information and Assessment Meeting
(a MIAM). At the stage before proceedings the other
party (the respondent) is expected to attend either
the same MIAM or a separate MIAM.
2. At the MIAM, a trained family mediator will give you
(the applicant) and the other person if present (the
respondent) information about family mediation
and other types of non-court dispute resolution.
They will consider with you whether non-court
dispute resolution would be an appropriate way to
resolve the dispute. It is then for the applicant and
respondent to decide whether or not to do so.
3. The requirement for the applicant to attend a MIAM
does not apply if a Section 8 order is being applied
for and:
• the other person is in agreement about what
you are asking the court to order (the order is a
‘consent order’); or
• there is an ongoing case about the child(ren) who
would be the subject of the Section 8 application
and that case concerns an emergency protection
order, a supervision order or a care order, or if one
of those orders has previously been made.
4. You must tick the relevant box in Section 2 of this
form so that the court knows whether the MIAM
requirement applies, whether an exemption applies
(and why) or whether you have attended a MIAM.
MIAM exemptions and MIAM attendance
5. As the applicant you are expected to have contacted
an authorised family mediator in order to make
arrangements to attend a MIAM unless :
• the MIAM requirement does not apply for one
of the reasons explained at paragraph 9 of these
notes, or
• you are claiming a MIAM exemption, or a family
mediator certies that a mediator’s exemption
applies.
6. You can nd an authorised family mediator by using
the ‘Find your local mediator’ search facility available
at: www.familymediationcouncil.org.uk
7. You should give the mediator the contact details of the
other person so that the family mediator can contact
them to check their willingness to attend a MIAM.
If the other persons (or none of the other persons if
there is more than one respondent) is or are unwilling
to attend a MIAM this is a ground for the family
mediator to exempt you from attending a MIAM.
8. If you or your solicitor believe that you have grounds
for claiming exemption from MIAM attendance you
or your solicitor must tick the relevant box in Section
2 of this form and complete Section 13.
9. If a family mediator wishes to certify that a mediator’s
exemption applies, so that you do not need to attend
a MIAM, you must ask the family mediator to complete
Section 4 of this form and sign it where shown.
10. If you have attended a MIAM you must ask the family
mediator who conducted the MIAM to complete
Section 4 of this form and sign it where shown.
11. If you claim a MIAM exemption and make an
application to the court, the court will inquire into
the grounds for exemption. The court may ask you to
produce written evidence (see Section 3 of this form
for details against each exemption shown).
12. If the court determines that the exemption was not
validly claimed it may direct you, or you and the
other party, to attend a MIAM and, if the case has
already progressed to the rst hearing, may adjourn
the case to enable you to make arrangements to
attend a MIAM.
13. The detailed procedure relating to the MIAM
requirement and MIAM exemptions and attendance
is set out in Part 3 of the Family Procedure Rules
and in supporting Practice Direction 3A (judicial
guidance). These are available online at:
www.justice.gov.uk/courts/procedure-rules/family/
practice_directions/pd_part_03a
Paying for MIAM attendance or for family mediation
14. Legal aid is available for MIAMs and for family
mediation. If you are eligible for legal aid you could
receive both the MIAM and mediation sessions free
of charge, as well as some advice from a solicitor to
support you in the mediation process.
15. If you, or the prospective respondent, is eligible for
Legal Aid then the total cost of MIAM attendance can
be met by the Legal Aid Agency, whether you and
the prospective respondent attend the same MIAM
or separate MIAMs.
16. If neither you nor the respective respondent is eligible
for Legal Aid then the mediator will agree with you
how the cost of MIAM attendance is to be met.
17. See paragraph 33 below on how to nd out whether
you are eligible for Legal Aid.
Safety and MIAM attendance
18. Please note: the family mediator will discuss with
you and with the other person whether you wish
to attend the MIAM separately or together. Family
mediators have a responsibility to ensure the safety
and security of all concerned and will always check
with each of you that attending together is your
individual choice and is safe.