Can you ignore a MIAM? Well, according to the latest statistics, some people are when they are applying to Court in Financial Remedy or Private Children’s Law Proceedings.
So what are MIAMS? They are Mediation Information and Assessment Meetings, which have been compulsory since April 2014. They should be attended to before applying to the Court in Financial Remedy Proceedings and Children Act Proceedings and were introduced to assist parties in resolving their disputes between themselves.
The statistics show that more parties are complying with the compulsory requirement. However, four out of five separated couples are ignoring the MIAM requirement.
You can avoid attending a MIAM if you fall in one of the exceptions, which include; domestic violence, urgency, having previously attended a MIAM, having had a previous MIAM exemption or any other reason.
In certain circumstances, mediation is an important platform for separating couples by which they can resolve their differences, whether financial or child-related. Mediation, however, is not suitable for everyone and whilst it is compulsory to attend a MIAM, it is not compulsory to mediate.
Has it been a real failure on the part of the Government that they have not been supporting MIAMs? Or is it that parties see very little point in mediating when the Court feels like the only platform in which to resolve their disputes?
A good family solicitor will be able to advise you as to all your options in relation to resolving your disputes, and an experienced solicitor will be able to advise you upon whether such options are likely to be successful.
We offer a free initial 30-minute appointment where we can discuss the options available to you. Yours may be one that does not require the intervention of the Courts to resolve your disputes, and mediation may be more appropriate in the circumstances.
Anthony Jones is the Head of Family Law and is a Resolution Accredited Specialist. For more information or a second opinion, please contact him at 0161 641 4555 or email anthony@odonnellsolicitors.co.uk.
