Mediation Information Meeting (MIAM)
They will then make an assessment based on the information they have gathered and decide whether mediation is appropriate. Under section 10(1) of the children and families act 2014 it is now required in certain situations that people attend a MIAM meeting before submitting applications to obtain a court order.
The respondent is also expected to attend the MIAM and the court will adjourn any proceedings if they feel that the people involved should attempt non-court resolution procedures such as MIAM.
When filing certain applications the applicant must complete the necessary forms for the filing plus confirmation from a qualified mediator that they have attended a MIAM.
There are exemptions to the rule of attempting a MIAM first and I the applicant believes an exemption applies they can submit either a confirmation from a qualified mediator that an exemption applies or a claim that a MIAM exemption applies. If the latter is submitted all supporting documentation should be supplied at the first hearing.
MIAM’s are particularly encouraged for family disputes such as:
In situations such as those mentioned, and many other MIAM’s can be a much easier option than taking a case to court. The cost of a court case can be very high and with recent reductions in the availability of legal aid, it is simply unobtainable for many people. MIAM’s and mediation in general can over a fixed cost alternative.
As the applicant and respondent are in control of the situation when using MIAM it helps to keep the situation more relaxed and minimises stress. As everyone involved comes to an agreement instead of having a decision imposed upon them they are also much more likely to stick to the arrangement and not need future court cases or mediation.
The most essential point is that MIAMs are personal. What you state to the mediator in this conference will go no even more. The mediator would never ever inform your ex-partner, the courts or any other lawyer, what you have actually stated, even if they are asked.
At the beginning of the MIAM, the mediator will present on their own. Do not fret that anyone will be confronted with a long uneasy quietness that you need to fill with your entire life story! The mediator will take people through an organized procedure and are going to inquire you particular concerns. You will certainly have a lot of time at the end of the appointment to discuss any other factors that you believe are very important, or if you really feel that one thing has actually been definitely lost out.
The very first one is if you confess to the mediator which you have actually dedicated an unlawful act; the 2nd one is if the mediator thinks you or somebody in your household are at individual threat. The mediator will not include any firms without you learning about it. They will definitely discuss their factors to you in advance and what they will do, so that you comprehend the reason that they need to act.
Your discussion together with the mediator is “Legally Privileged” to the very same requirement as if you were speaking to your lawyer. This is extremely crucial so you can be positive, you can talk honestly about what has actually been really occurring and understand that it will remain personal. There are just 2 exceptions, which in turn the mediator will inform people at the start of the mediation appointment.