October 1, 2020
If you are separating from your spouse, civil partner or partner and you are encountering some difficulties when trying to reach an agreement, you may decide to try mediation as a way to resolve your issues without resorting to court proceedings.
Both you and the other person will separately have an initial meeting with a mediator which is called a Mediation Information and Assessment Meeting (MIAM). According to recent Legal Aid Agency statistics, the number of MIAMs increased by 13% between January and March 2020 compared to this time in 2019.
During the MIAM, the mediator will explain the following:
- How mediation works;
- How many mediation sessions you may need which is usually between three and five sessions;
- How much the sessions will cost;
- Whether you will be entitled to legal aid to pay for the mediation sessions.
The mediator will complete a form to confirm you have attended a MIAM. There is a requirement to attend a MIAM before issuing court proceedings for child arrangements or financial remedy applications, unless an exemption applies. This includes if there is domestic violence, because the application is extremely urgent, or you have already attended a MIAM.
If the other party does not agree to attend a MIAM, or you attended a MIAM but the mediator decides that mediation is not suitable, the mediator will sign a form to confirm this. You will then have four months from this date to make a court application.
Wallace Robinson & Morgan is happy to help if you would like advice about making a court application and whether mediation may be suitable for you. If you would like to discuss your matter, please call and ask to speak to a member of the Family law team on 0121 705 7571.
This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.