What is a MIAM? - Mediation Information & Assessment Meeting Ashtead
Have you been told to get a MIAM from a mediator?
Need a MIAM for court application
MIAM is a family mediation meeting.
It abbreviates Mediation Information and Assessment Meeting. In this particular session, a family mediator will feed you with all the necessary information on mediation and alternative ways of resolving the issues that come with your divorce or separation.
The professional family mediator will discuss with you in the MIAM whether mediation or an alternative form of domestic dispute resolution is appropriate for you given your unique circumstances.
The primary focus of this meeting is on trying to solve the dispute out of court. Before filing an application to the court for consequent private law children hearings or even financial remedy regarding divorce, you the applicant must have undertaken a MIAM.
That particular legal requirement was strengthened as well as given statutory force in the year 2014. Since then, any application to the court of justice must be accompanied by a duly filled form containing confirmation from a professional family mediator indicating that either:
- The applicant of the legal proceedings has attended a MIAM
• A MIAM exemption applies to that particular case
• A mediator’s exemption applies in that case. For instance, that in the authorised mediator’s opinion, the dispute is not suitable for family mediation.
The MIAM Exemptions
• Domestic violence
• Child protection concerns
• Previous MIAM exemptions or MIAM attendance
• Other exemptions. Other reasons that can allow an applicant to file a hearing without attending a MIAM may include; if a party to the legal proceedings is bankrupt, if there are inadequate contact details to find the respondent or if one party to the case is in prison.
Although it is not listed as an exemption above, you will not need to go through a MIAM when you are asking the honourable court to pass a consent order for you to formalise an agreement that both of you have reached. The MIAM process is still in its infancy, having been introduced in 2014, but its ultimate goals is to encourage more spouses to use mediation instead of rushing to legal proceedings.
Even though the legal aid is still an alternative for mediation to those who are financially eligible, there has been a significant problem. The major referrers to family mediation were solicitors and from April 2013, when the aid for legal advice was removed in most cases, people have not been consulting lawyers. Due to this, they are not utilizing mediation as much as they did.
The Government had been warned that this was to happen, but it has only recently woken up to the unintended repercussions of the legal aid scrapping.
If some proceedings have been allowed, the court will still consider, at every level whether non-court dispute resolution like mediation is appropriate.
The court can even adjourn proceedings to utilise these alternatives first. Family Mediation is a process of helping resolve disputes regarding issues faced by estranged couples which include arrangements for the children, assets, and finances.
A mediator meets with the couple, identify the issues which they cannot agree on and then assist them to try to arrive at an agreement.
It is possible for you to go through mediation just the both of you without the involvement of advocates. However, it is always recommended for one to have some independent legal counsel before and during mediation. But in some cases, people find it important to have lawyers present during the mediation process to offer additional support.
When Do You Need to Plan a Mediation Information Assessment Meeting?
What do I need to do to meet with a Mediation Information Assessment Meeting (MIAM)? It’s a legal requirement for all participants in a mediation, whether they are going to court or not. Now, in many cases, the other party involved will also need to attend an MIAM, but usually they do not need to show up at the same meeting. That said, if they do, you will need to know what to expect and how to prepare for the meeting.
You should expect that you will be required to fill out a form, including your personal information such as name and address. This may also include a form stating that you are represented by an attorney or professional. In order to make sure that you understand all of these, you should probably hire a mediator to meet with you on the phone. This will help you get the necessary information about the meetings so you can prepare properly and make an informed decision about the meeting.
What should you expect at a Mediation Information Assessment Meeting (MIAM)? First of all, you are there to talk about your case and get information about the process. This can include your rights, a timeline for the case and any other information that are important to you as well.
You may also have questions about the process, such as: what happens if my case is settled, what is involved in a trial, how will the judge determine my verdict, and other questions related to personal injuries. You should also expect to talk about the costs of the case. Some cases are more expensive than others and you might be asked to pay more in order to get into the courtroom and this can be another reason why you need to get the proper information before signing on the dotted line. If you need to be represented by an attorney, they may not show up at the meeting.
So what exactly does the MIAM involve? It is a confidential meeting that is used to inform you of the processes involved in your case. They will explain the process to you so you can get an understanding of how it works. They will also let you know how to file a complaint if you feel the meeting was done improperly. or what the legal issues are that you should expect if you go to court.
When do you need to plan your MIAM? As a matter of fact, you never have to show up at the meeting if you don’t want to, although sometimes it is nice if you can. Most of the time, they will require that you send in the paperwork they sent you for your initial request, and then they will contact you about meeting. That way, you are not rushing into it.