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What is a MIAM? Do you have to try mediation before going to court?

By Sital Somaiya, Principal Solicitor & Founder · Reviewed
What Is a MIAM? Mediation Before Court

By Sital Somaiya, Founder and Solicitor. Last reviewed 14 October 2026.

Key points

  • A MIAM is a single meeting with an accredited mediator, required before most court applications about children or finances.
  • Attending a MIAM does not commit you to mediation.
  • You do not need one for the divorce itself, for protection orders, or to make an agreed financial settlement legally binding.
  • Since April 2024 the courts expect more effort to settle outside court, and refusing to engage can count against you.

A MIAM is a Mediation Information and Assessment Meeting. Before you can apply to the family court about children or about finances, you must usually attend one. It is a single meeting with an accredited family mediator, who explains how mediation and other ways of resolving disputes work and assesses whether they could work for you.

The requirement comes from section 10 of the Children and Families Act 2014 and the Family Procedure Rules. Attending a MIAM commits you only to finding out whether mediation is suitable, not to mediating.

In this guide

  • When you need a MIAM
  • What happens at the meeting
  • How to prepare
  • The exemptions
  • What changed in April 2024
  • What happens after the MIAM
  • Cost and funding
  • Frequently asked questions
  • Talk to us

When you need a MIAM

Application MIAM needed?
Child arrangements, prohibited steps or specific issue order (Form C100) Yes, unless an exemption applies
Financial remedy order on divorce or dissolution (Form A) Yes, unless an exemption applies
Financial claims for a child under Schedule 1 of the Children Act 1989 Yes, unless an exemption applies
The divorce application itself No
Non-molestation or occupation order No
Making an agreed financial settlement legally binding (consent order) No

What happens at the meeting

A MIAM usually lasts around 45 minutes to an hour. Each of you normally attends separately, at least at first. The mediator will:

  • Ask about your situation and what you need to resolve
  • Check for domestic abuse or safeguarding concerns
  • Explain mediation, arbitration, collaborative law and solicitor negotiation
  • Give you an idea of what each option might cost and how long it might take
  • Tell you whether you may be eligible for legal aid
  • Sign the court form if mediation is not suitable or the other person will not engage

The mediator must be accredited by the Family Mediation Council, which keeps a register of accredited mediators.

How to prepare

  • Write down the issues you need to resolve, and what matters most to you
  • Bring a rough idea of your income, outgoings and main assets if finances are involved
  • Think about the children’s routines and what arrangements you could accept
  • Bring evidence of benefits or income if you want to be assessed for legal aid
  • If there are safety concerns, tell the mediator when you book

The exemptions

You do not need to attend a MIAM if an exemption applies. You must say which one on your court form, and the court can check that it is genuine. The main exemptions are:

  • Domestic abuse, with the kind of evidence set out in the court rules
  • Child protection concerns, for example a local authority investigation or child protection plan
  • Urgency, including a risk to someone’s life or safety, a risk of a child being removed from the UK, or unreasonable hardship from delay
  • A recent MIAM or mediation about the same dispute
  • Practical barriers, for example where a party is in prison or cannot attend because of a disability

If the court decides an exemption was claimed wrongly, it can direct you to attend a MIAM, which delays your case.

What changed in April 2024

Changes to the Family Procedure Rules in April 2024 strengthened the expectation that separating couples try to settle outside court:

  • MIAM exemptions need clearer evidence, and the court is more likely to check them
  • The court can adjourn proceedings to let you try mediation or another form of non-court dispute resolution
  • Parties can be asked to file a form setting out their views on non-court options before certain hearings
  • In financial cases, unreasonably refusing to engage can count against you when the court decides who pays legal costs

What happens after the MIAM

If you both choose mediation, you meet the mediator together, or in separate rooms in shuttle mediation, over a number of sessions. Our guide on how mediation sessions work explains the process. Any agreement on finances is recorded in a document that is not legally binding until it is turned into a consent order approved by the court. Agreements about children are usually recorded in a parenting plan.

Cost and funding

Mediators set their own fees. If either of you qualifies for legal aid, the MIAM can be free for both of you. The Government’s Family Mediation Voucher Scheme has offered a contribution of up to £500 towards mediation in eligible cases involving children. Check with the mediator whether it is still running before you rely on it.

An example

Sarah and James separated six months ago and cannot agree how much time their son should spend with each of them. Sarah wants to apply to court. She books a MIAM with an accredited mediator near Romford. James attends his own MIAM a week later. Both agree to try mediation, and after three sessions they agree a parenting plan. No court application is needed.

This is an illustrative example, not a real case.

Frequently asked questions

What happens if the other person refuses to attend a MIAM?

You can still attend your own MIAM. If the other person will not engage, the mediator can sign the form so that you can apply to court. Their refusal may be taken into account later, particularly in financial cases.

Do I need a MIAM to get divorced?

No. You can apply for a divorce without one. You will need a MIAM if you later apply to court for a financial order or about the children, unless an exemption applies.

Do we attend the MIAM together?

Usually not. Each of you normally has your own meeting with the mediator, at least to begin with. Joint meetings only happen if you both agree and it is safe.

Is what I say at a MIAM confidential?

Generally, yes. What you discuss in mediation is confidential and cannot be used in court, with limited exceptions such as where a child or adult is at risk of harm.

Does the mediator take sides or give legal advice?

No. Mediators are neutral and do not advise either of you. Many people take legal advice from a solicitor alongside mediation, so they understand what a fair outcome looks like.

Sources

Talk to us

Signature Law can explain your options before you commit to any of them, and can refer you to accredited mediators across Romford and East London. See our mediation solicitors page and our guide to prohibited steps orders, or speak to our family law team in Romford.

Request a callback, or call 01708 398 851.

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