Mediation Information and Assessment Meeting (‘MIAM’)

We hope that you will find the following information helpful, concerning your first information and assessment meeting with the mediator.

Please read this in conjunction with watching our mediation video series on our YouTube channel covering titles such as;

•   Thinking about mediation?
•   What do mediators do?
•   What is mediation?
•   Getting the ball rolling
•   The MIAM
•   Preparing for mediation
•   Your process options

This is a confidential 1 on 1 meeting of about 45mins to 1 hour in duration, between you and a mediator, to find out more about how mediation might help you find solutions to your own particular family problems. The Government wishes to encourage families who turn to the law for help to first find out whether mediation is suitable, and this will be your opportunity to find out how mediation works, and to ask any questions about things which may be of concern to you.

 What happens at the meeting?

The mediator will explain what happens in a mediation session, how they work and will answer any questions you may have. It is the mediator’s duty to form a view whether Mediation is suitable for your circumstances and it will also be for you to decide whether you wish to proceed with mediation. Essentially, the mediator will explore with each of you separately whether it is likely to be possible to work together in mediation (either in the same room or separate rooms) to resolve the issues you both raise.

The mediator will complete a brief financial form with you to find out whether you are entitled to free mediation (Legal Aid) to cover this meeting and future mediation sessions, which would also give you a few free hours with your solicitor if they hold a legal aid contract with the Government, to support you, if mediation proceeds.

To enable the mediator to complete the form we ask you to bring proof of your income laid out in the letter and document list you receive. If you do not we cannot assess you for free mediation. If you do not qualify for mediation Legal Aid, the Mediator will explain how much a Mediation session will cost.

 Do I come on my own?
The mediation process expects that you and your former partner meet together with a mediator.

However, the assessment meeting will be for you to attend on your own. This offers you the opportunity to discuss with the mediator your own views about taking part in Mediation with your former partner and to explain matters of importance and concern to you.

 What happens if I decide that I do not want to have mediation?

There will be no pressure on you from the mediators to choose mediation if you decide that it is not suitable for you. At the end of the assessment meeting, if you and / or the mediator decide that mediation would not be helpful at the moment, and if you subsequently decide that you wish to make a court application, the mediator will complete and sign their page of your court application form C100 (children application) and/or Form A (financial application) which you or your solicitor will need to complete first and send them.

 What happens if one of us wants to have mediation but the other does not?

Mediation can only work if both of you are committed to try and resolve your differences in this way. If one person is unwilling to proceed with mediation, we will respect that choice but always keep the door open to the possibility of mediation taking place at a later date, if you both subsequently come to the view that you would like to try the Mediation option.

Briefly, what are the benefits of mediation?

Please watch the video about your options in our website video academy-

There are 4 main benefits if you can resolve you differences with mediation:

1) Cost

If you or your former partner/spouse qualify for mediation Legal Aid there will be no cost to you for the first individual assessment meetings and first mediation session. If you qualify for legal aid, the whole process will be free of charge, and your solicitor’s charges (if they have a contract with the legal aid agency) for advising you alongside the mediation process, are also not charged to you in relation to any matters which are agreed as a result of the mediation upto a certain amount, thus resulting in substantial savings.

If matters proceed through the courts the cost of a child dispute can be typically between £3,000 to £6,000 per person. Cases involving the resolution of financial matters can typically cost £5,000 to £10,000 per person and often rise to £10-15,000 or more, depending on the complexity of the case.

In stark contrast, the cost of a mediation ranges from an average £500 to £1,500 per person depending on the number of sessions required, which is fully paid by the legal aid agency for any person who is eligible to free Mediation. Normally if a consensus is reached at mediation there will be additional legal costs of between £500 and £1,000 per person, to formalise any agreement, but again these are not charged to a person who qualifies for mediation Legal Aid if their solicitor has a legal aid contract.

2) The time-scale involved

When you choose to resolve your differences through mediation, you retain control of the time scale of your meetings. Attending Mediation is often a significantly quicker and more time efficient way of reaching agreement.

3) Working together with other professionals

In privately funded cases, if it becomes necessary to use other professionals such as the financial adviser/planner to help with the pensions, we will work closely with you and these professionals to ensure that they only do work that is strictly necessary in a very focussed, transparent and cost effective way. The same applies if the services of an accountant or property valuer becomes necessary.

4) The outcome

In mediation you will be discussing a range of ideas to enable you to carefully explore the options alongside each other, without reaching a legally binding agreement. If you settle on a proposal which appears to you to be fair to both of you and any children, we will help by putting the proposal in the form of a summary, for you to discuss with your solicitors, before they help you decide whether to make such proposals legally binding. We will also summarise the financial information you have both provided to help you to obtain advice from your solicitor.

We readily acknowledge that mediation is not a “soft option”. However, we hope that with the assistance of our trained, impartial and experienced mediators, the whole process will be significantly less stressful than court proceedings, much quicker and cost a great deal less.

“We will help you and your former partner reach your own agreements and the best solutions for you and your family”