Attending a MIAM should be seen as a positive step for separating couples and families. The information provided during a MIAM can be valuable in demonstrating that court proceedings are not the only option to resolve issues and disputes. Since 2014, it has been mandatory for anyone considering making an application to court, whether related to children or financial matters, to first attend a Mediation Information and Assessment meeting, unless a specific exemption applies. The aim of this is to reduce the number of cases which end up in court by highlighting the alternatives available to them and, hopefully, providing the structure for those participants to make their own decisions. In turn, this stops the separating couples from enduring the associated costs, stress and delay of court proceedings.

During a MIAM, the mediator will provide information about the benefits of mediation, what mediation entails and other options available to the participants. The mediator will also carry out a screening assessment to determine whether mediation is safe and suitable for the family. 

The principles of mediation will be clearly explained to the participant, which are briefly discussed below: 

Mediators are impartial 

Firstly, it will be explained that mediators are impartial and their role is to manage the mediation process with the aim of ensuring a fair outcome for each participant. A common misconception is that a mediator will be able to tell the participants the answer to their issues, but it is for the participants to make the decisions during the mediation process. However, mediators are able to assist the participants in ensuring all necessary information is shared between them and give information about the law to assist them in making informed decisions. 

Attending mediation is voluntary

Whilst it is expected that a MIAM will be attended before an application to court is made, attending mediation itself is voluntary for all. A mediator can decide mediation is unsuitable if it is felt that mediation would not be safe, or perhaps is being used to cause a delay or place pressure on the other person. 

Mediation is confidential

All discussions during the MIAM are confidential between the mediator and MIAM participant, except if there are any safeguarding exceptions. The discussions in mediation itself are confidential between both participants and the mediator, save for any safeguarding matters disclosed during the joint mediation session or matters of fact. 

Discussions take place on a ‘without prejudice’ basis

The proposals discussed during mediation are privileged and cannot be repeated in court. This gives participants the confidence to make suggestions and reality test options without being worried that what they have proposed will be told to a judge. Mediation helps separating couples make informed decisions together for the benefit of their family. 

After discussing these principles, a mediator will focus on the ‘pros and cons’ of mediation and other options available to them to resolve the issues. For example, mediation is future-focused, it enables participants to have conversations in a safe-environment and enables each participant to discuss the issues that are most important to them. Mediation is usually much cheaper than court proceedings and issues are usually resolved more quickly than engaging in court proceedings. Mediation also allows the participants to retain control of the decision-making rather than asking a judge to make important decisions which will impact their family.

During a MIAM, the mediator will explain the mediation process in detail, for example, explaining the importance of financial disclosure in a financial matter with a view to establishing the asset base before working on discussing proposals. 

The estimated time and cost will also be explained to the participant to enable them to consider whether mediation is the right choice for them. 

The mediator will take time to explain other options available to the participants, such as:

• Direct discussions with the other person
• Solicitor negotiation
• Collaborative law and one lawyer approach
• Arbitration
• Private FDRs
• Early neutral evaluation
• Court proceedings

A participant will not have to make any decisions during the meeting as to which option they feel fits them best and can spend time thinking about their options. 

The second stage of the MIAM focuses on assessing whether mediation is safe and suitable. This will involve a conversation and questions relating to the relationship to assess whether there are any concerns of domestic abuse or other issues which may impact on a participant in taking part in mediation, including any mental health concerns or substance misuse. The mediator will also explore if they can arrange mediation in a manner which ensures each participant is as comfortable as possible. The mediator will conduct this part of the MIAM sensitively. After this assessment, the mediator may consider that shuttle mediation would be more appropriate so the participants do not have to come into direct contact with each other. 

For a visual example of a MIAM, please watch the below video of a mock MIAM, featuring Chris Lloyd-Smith and Kadie Bennett.

For more information on mediation, please get in touch.