Date Published: 24/01/2024
Author: Margaret Kelly-Edwards, Consultant
I have been asked this question many times. A MIAM is a Mediation Information and Assessment Meeting. As this term is quite a mouthful, it is very understandable why the acronym is used, and it is why I will use it in this article.
MIAM is a misnomer. A well-constructed, informative and useful MIAM should touch upon and cover all out-of-court dispute resolution options available to a person separating from their spouse.
Before issuing court proceedings, it is compulsory for the applicant (the person starting the process) to attend a MIAM. The other person (the respondent) is encouraged to attend a MIAM.
Only an experienced mediator who has accredited status (I am one) can sign a court form, confirming that the applicant has attended a MIAM and that the matter is not suitable for mediation.
Before the MIAM, the mediator will have a short call with the participant, informing them how long the MIAM is likely to take (typically 45 minutes to an hour) and how much it will cost. They will also give them information about public funding. Mediation is voluntary and, for it to proceed, both people will need to agree. The mediator will confirm, subject to some exceptions, that the MIAM is confidential.
The mediator will send the participant a short questionnaire to complete ahead of the MIAM and a copy of the agreement to mediate for the participant to take a look at.
What happens at a MIAMs
A MIAM is usually held either in person or virtually. Telephone MIAMs are discouraged.
A MIAM is tailored to the participant’s needs. In order to assess the suitability of the participant for mediation or another out-of-court dispute resolution process, the mediator will use their skills to build a relationship and rapport with the participant and allow them to tell their story. The mediator will ask a mixture of open and closed questions to empower the participant to speak about, and share, what can be highly sensitive and personal matters.
The mediator will explore with the participant safety issues and if there is or has been domestic abuse. They will ask about any drug or alcohol issues, mental health and child protection issues. They will also assess whether the participant will be able to speak freely without feeling intimidated. The mediator will weigh all these factors in the balance when assessing whether the matter is suitable for mediation.
If mediation is suitable
The mediator will inform the participant about the different types of mediation, the flexibility of each process and how other professionals are enlisted.
If mediation is not suitable or one person does not attend the MIAM
The mediator may signpost the participant to other resources. These could be arbitration, counselling or therapy.
The mediator will sign the court form confirming the matter is not suitable for mediation. The reason why the matter did not proceed to mediation is confidential.
Is there any benefit to attending a MIAM?
Or is it just something that needs to be done before issuing proceedings?
A MIAM is a great opportunity to meet with a mediator who will put the participant at their ease, give them an opportunity to tell their story and identify what their goals are in the separation process. The mediator will be able to explore the various options for resolving issues and assist them in identifying the best one for them. This may not be the court process. By the end of the MIAM, the participant will have acquired very helpful information about what is available. My view is that a MIAM is a really beneficial tool to a person separating or considering separating from their partner.
Margaret Kelly-Edwards is a Consultant at Ketley Miller Joels. Should you wish to contact her or one of our other solicitors, please write to info@kmjsolicitors.com or call 0203 709 6895.
Posted on 24/01/24
