What is MIAM and do I need it?
By Meedi85 min read
A MIAM is a Mediation Information and Assessment Meeting. It is the first step the family court expects you to take before you apply for most family-law orders in England and Wales. The point of it is simple: a qualified family mediator sits down with you, explains how mediation works, and assesses whether your situation is one where mediation could actually help. You do not have to mediate. You just have to attend the meeting (or qualify for an exemption) before the court will let your application through.
This post walks through the rules without the jargon: who needs a MIAM, when you can skip it, what to expect on the day, and what it usually costs.
Who needs a MIAM?
If you want the court to make an order about your children, your finances, or your property after a separation, the Family Procedure Rules say you have to attend a MIAM first. That covers Child Arrangements Orders, Specific Issue and Prohibited Steps Orders, financial orders on divorce, and a few others. The person who is going to apply to the court has to attend. The other parent or partner is invited but does not have to come.
There are exceptions. The big ones are domestic abuse, child protection concerns, urgency, and previous attendance. If any of those apply, you can ask the mediator to sign off an exemption and you skip straight to court. The mediator decides whether the exemption holds. You cannot self-certify.
What actually happens at the meeting
The meeting itself runs anywhere from forty-five minutes to an hour and a quarter. It is one-to-one with the mediator. They will ask you to summarise what is going on, walk you through what mediation looks like in practice, and explain alternatives like solicitor negotiation, collaborative law, and court. They are looking at three things: is mediation suitable, is it safe, and are you both willing.
If the mediator decides mediation is not suitable (the most common reason is when the other party refuses to attend), they sign a form called the FM1. You take that to court with your application. That is the document the judge needs to see before listing your case.
If mediation is suitable and the other party agrees to come, the mediator will set up a first joint session. From that point you are in mediation, not in MIAM territory anymore.
What does a MIAM cost?
The price varies by mediator and by area. Across England and Wales the typical range is £60 to £120 per person for the MIAM itself. Some mediators charge a flat fee. Some scale the fee with what comes after, with a discount applied if you go on to mediate.
Legal aid is available for MIAMs if you meet the income and capital thresholds. The Family Mediation Council publishes the current rules; the threshold is checked at the time of booking, not in the abstract. If you qualify, the MIAM is free for you. The Family Mediation Voucher Scheme also pays £500 toward mediation costs in Children Act cases, though it only kicks in after the MIAM is done.
When can you skip the MIAM?
The exemptions are narrow and the mediator is the one who decides whether one applies. The main categories:
- Domestic abuse. If there is evidence of abuse (a non-molestation order, a multi-agency risk assessment, a letter from a doctor or refuge, a finding of fact, a police charge), the MIAM is not required. The mediator can sign the exemption without you attending. In most abuse cases mediation is not safe anyway.
- Urgency. If there is a real risk to a child or to someone's life or liberty, or a substantial risk of irretrievable loss of an asset, the court can be approached without a MIAM. The bar is high.
- Child protection. If a local authority is involved in child protection proceedings, the MIAM is not required.
- Bankruptcy. Specific bankruptcy applications are exempt.
- Previous attendance. If you have already attended a MIAM in the last four months for the same dispute, you do not have to attend again.
- Mediator unavailable. If you have contacted three accredited mediators within a fifteen-mile radius and none of them can offer a MIAM within fifteen working days, you can certify that and skip.
If none of those apply, the MIAM is part of the journey.
Is the MIAM the same thing as mediation?
No. The MIAM is the assessment. Mediation is the work that comes after it (if you decide to go ahead). You can attend a MIAM and walk away. Most of the cost-and-time questions people have are really about mediation, not the MIAM.
That is what the rest of this blog is for. The next post in this series breaks down what a full mediation looks like end to end. For now, the answer to the question this post starts with: yes, in most family disputes that are heading to court, you will need a MIAM. It is not optional, it is not expensive, and on a good day the mediator will help you figure out whether the trip to court is necessary at all.
Ready to talk it through with Meedi8?
Meedi8 is a private space where you can think through what is going on before you book a MIAM or speak to a solicitor. Free to start, no account needed for the first session. Find the start button at the top of this page.