Frequently Asked Questions
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Attending a MIAM is a legal requirement and must be done before an application can be made to the court. This is because the court expects you to try to resolve matters outside of court.
A MIAM is a great opportunity to find out more about how mediation can support you, you can explore the benefits of mediation with a mediator and discuss if mediation is the right option.
You may be exempt from mediation if you have experienced Domestic Abuse and this can be discussed in your MIAM.
You will have a confidential 1-1 appointment with the mediator. You will be able to discuss your situation and what you would like to achieve in mediation. You can also share and discuss any concerns you may have. The mediator will explain how mediation works, what their role is and what to expect. You will also discuss if there is any reason why mediation is not suitable and if it is agreed not to be suitable then other options to help you will be discussed.
Mediation is voluntary, therefore we cannot force anyone to attend mediation. However, we will always attempt to contact your ex-partner/family member to discuss the mediation process. We always encourage a MIAM as that is the best way to get the necessary information to make an informed decision.
Ultimately if they refuse to be involved we cannot mediate, however, the court has a view that everyone should seek ways to resolve matters outside of court. The court may decide to pause proceedings in court and ask that you both return to mediation.
The family mediation voucher scheme is a time-limited scheme, designed to support parties who may be able to resolve their family law disputes outside of court. The Government has set up the scheme in response to Covid-19 to support recovery in the family court and to encourage more people to consider mediation as a means of resolving their disputes, where appropriate. To support this, a financial contribution of up to £500 towards the costs of mediation will be provided, if eligible.
On attendance of a MIAM, your mediator will assess the issues which you seek to resolve to see if they are suitable for mediation and meet the eligibility requirements for the voucher scheme.
Not all cases are eligible under the scheme. The case types specified below are eligible for a mediation voucher:
- a dispute/application regarding a child
- a dispute/application regarding family financial matters where you are also involved in a dispute/application relating to a child
It is important to remember that mediation is only an option when both people agree to take part in it, so you and the other person will need to agree to mediate.
Find out more: https://www.gov.uk/guidance/family-mediation-voucher-scheme#eligibility
Child Inclusive Mediation gives children a voice and an opportunity to share their worries, concerns and contribute to the plans for the future when their parents have decided to divorce or separate.
When children have been allowed to share their views in mediation, parents work together to make sure their children’s voices are heard and their wishes become a reality.
What are the Benefits?
- Child Inclusive Mediation provides children with a safe space to express their thoughts, feelings and concerns – helping them to feel heard and validated, without fear of judgment
- You can develop ideas and try out arrangements to see if they work for the whole family, without being constrained by court orders or statutory involvement, such as local authority or Cafcass.
- It’s voluntary everybody agrees to try it – children are seen only with the agreement of both parents
- It helps you develop new methods of communication and prevents the children from becoming the messenger and being caught in the middle of conflicts
- It’s confidential
- Cost-effective and timely resolution. Using mediation to agree on issues relating to your separation is much faster, cheaper and less stressful for everyone involved than lengthy court battles and the associated legal expenses.
If you are married and intend to get a Divorce you need a Financial consent order, which is separate from your divorce application. Without one you are still 'financially married'. I use those words deliberately as this is extremely important. A Financial Consent Order legally confirms how you have agreed to separate your marital assets and sever your financial relationship. To do this you will share all your financial information to support discussions in mediation. You need to demonstrate to the court that you have shared your assets in a fair and considered way to ensure that you can move forward independently. This will be discussed in detail in your MIAM.
Money and property when you divorce or separate: If you agree - GOV.UK (www.gov.uk)
Under marital law, all assets are marital assets including pensions. Pensions need to be considered along with all other assets. You will be asked to obtain a Cash Equivalent Transfer Value (CETV) so that we can fully understand the value of your pension. Mediators do not give Pension advice.
You can look at the A Guide to the Treatment of Pensions on Divorce
Some helpful resources
Get a divorce: step by step - GOV.UK (www.gov.uk) This website is really helpful and clear.
Application for Divorce can be done online either as a sole applicant or a joint application.
You cannot get a Financial Consent Order with a Divorce.
The Family Court System is overwhelmed and unable to keep up with the number of applications being made. To ease the backlog, significant changes were introduced on 29th April 2024 to shift towards mediation and other forms of Non-Court Dispute Resolution (NCDR).
What is NCDR Exactly? NCDR stands for Non-Court Dispute Resolution and refers to the variety of ways people can resolve a family dispute without attending court. For many people, mediation will continue to be the best option because it is a much cheaper way to reach an agreement than other methods.
Court applications are being made, many of which are from people representing themselves (litigants in person), with so many negative effects felt by those going through the court process. Some of these were highlighted by a very senior Judge in a recent case…
“Litigation is so often corrosive of trust and scars those who may need to collaborate and co-operate in future to parent children. Furthermore, resources should not be expended to the betterment of lawyers, however able they are, when, with a proper appreciation of its benefits, the parties’ disputes can and should be resolved via non-court dispute resolution”
These changes continue a shift towards making mediation and other forms of NCDR more prominent and effective.
Moving forward, the court will actively consider the suitability of NCDR at each stage of the process. If it can be done safely, the court is likely to view these methods as preferable, especially if the parties and their legal representatives have not previously engaged in any form of NCDR before initiating court proceedings.
When making an application to court regarding child proceedings and contested financial remedy proceedings you will now be required to file and serve a new form FM5 (statement of position on non-court dispute resolution) setting out your views on engaging with non-court dispute resolution (except in cases where domestic abuse is an issue). This form will have to be filed and served before the first “on notice” hearing, and, if the court thinks appropriate, before any subsequent hearing in the proceedings.
It is important to note that simply attending a MIAM will no longer be sufficient for a court application. Parties must set out their position to the Court, indicating why NCDR isn’t an appropriate method to resolve the dispute or — in the alternative — why NCDR hasn’t been successful in resolving the dispute.
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