What does MIAM stand for?
A Mediation Information and Assessment Meeting – not exactly catchy is it? No wonder it becomes abbreviated to a MIAM (pronounced my-am). We hear this word being bandied around a lot and it is common parlance for anyone who has been involved in family proceedings or gone through a separation.
How does it work?
The MIAM represents an opportunity for the mediator to provide information about the mediation process as well as alternative dispute resolution processes such as arbitration. The mediator will give information relating to time scales and costs, not just for mediation, but for alternatives such as court and arbitration. Having all of this information, allows participants to make an informed decision about how best to address their dispute – court or mediation?
There is an assessment element to the MIAM in that having provided you with information about the mediation process and you having provided the mediator with information about your case, the mediator must then assess whether or not mediation is suitable in your case.
Are there MIAM Exemptions?
There are a number of reasons why mediation might not be suitable, for example, if there has been domestic abuse, or if a court order is needed e.g. special guardianship order or if one party to the dispute doesn’t attend mediation. However, the mediator will always try to adapt the mediation process to enable a person to participate in mediation. Where there are domestic abuse issues we will put safe guarding measures in place and we can tell you about these at the MIAM. Where there are logistical issues we can offer out of hours appointments or online mediation sessions. Where a person feels vulnerable, they can bring someone for support e.g. solicitor. All of these options can be discussed in the MIAM.
In the event you choose not to mediate or mediation is assessed as unsuitable, the mediator will sign your court application form, letting the court know you have attended a MIAM and you have made an informed decision to proceed to court.
Do I have to attend a MIAM meeting?
The voluntary nature of mediation is one of it’s founding principles. People cannot be made to engage in mediation. They have to want to do it, to come to the negotiating table with an open mind and a willingness to find a resolution. The MIAM is a compulsory element, which means it’s not voluntary and people have to attend a MIAM with an accredited family mediator before they can make an application to court.
There is often some confusion about mediation being voluntary and the MIAM being compulsory. Essentially, the MIAM is about asking you to ‘consider’ mediation and making an informed decision either way. Whether you choose to mediate or not after your MIAM, your decision will be respected by the mediator and the courts.
Why is a MIAM important?
The MIAM allows the mediator and the client to share information and make decisions about how to proceed. As mediators we want to achieve the best possible outcomes for our clients, so it helps us to understand your case, and address any concerns you might have about mediating. We want you to have access to a much quicker cheaper means of resolving your dispute.
Are you considering Family Mediation?
Get in touch with one of our expert Mediators for an informal, confidential discussion about your situation. We can look at next steps together.
