Mediation Information and Assessment Meeting (MIAM)

Under the Family Procedure Rules 2010 (as amended), you must attend a MIAM before making most applications to the family court in England and Wales. The main application types that require a MIAM are:

• Child arrangements orders — deciding where a child lives and how much time they spend with each parent (previously called 'residence' and 'contact' orders)
• Prohibited steps orders and specific issue orders — preventing or requiring specific actions in relation to children
• Financial orders after divorce or separation — including property adjustment orders, pension sharing orders, and lump sum orders
• Applications under Schedule 1 of the Children Act 1989 — financial provision for children outside marriage

The requirement was introduced to reduce unnecessary court applications and to encourage families to resolve disputes out of court through mediation or other forms of non-court dispute resolution (NCDR). Courts have increasingly stressed the importance of NCDR since the Private Law Working Group reforms in 2022–24.

Applications for emergency orders — such as an emergency prohibited steps order or a non-molestation order — do not require a MIAM. See the exemptions section below for the full list.

You do not have to attend a MIAM if one of the following exemptions applies. The most common exemptions are:

Domestic abuse

If you or your children have been victims of domestic abuse (which includes financial abuse, coercive control, and emotional abuse — not just physical violence), you are exempt. You will need evidence to support this exemption, which can include:

• A letter from a health professional, social worker, or domestic abuse organisation
• A police caution, charge, or conviction in relation to the other party
• A protective injunction (such as a non-molestation order)
• A letter confirming you have used a domestic abuse support service within the last 24 months

Urgency

If there is risk to the life, liberty, or safety of you or your children that makes a MIAM impractical, you can apply to court directly. The court must be satisfied the application is genuinely urgent.

Other exemptions

• There is no family mediator authorised by the Family Mediation Council (FMC) within 15 miles of where you live
• You are applying for a consent order — where both parties have agreed and are simply asking the court to approve the agreement
• The other party does not attend their MIAM within a reasonable time
• You have previously attended a MIAM (or non-court dispute resolution) within the last four months
• Bankruptcy proceedings are involved (for financial applications)
• A child who would be a party to the application is subject to child protection procedures

You must tick the relevant exemption box on your court application form (C100 for children applications, A1 for financial). Providing false information about exemptions is a serious matter — courts take this very seriously and can sanction parties who misuse exemptions.

The MIAM is a private meeting between you and a trained family mediator who is accredited by the Family Mediation Council (FMC). You attend separately from your ex-partner — each of you has your own MIAM, which typically lasts around 45–60 minutes.

During the MIAM, the mediator will:

1. Explain what family mediation is — including the different models (facilitative, evaluative, and shuttle mediation) and how it differs from court proceedings.
2. Discuss your situation — the nature of the dispute, the involvement of children, any concerns about safety, and what outcome you are looking for.
3. Conduct a domestic abuse screening — mediators are trained to ask about domestic abuse and power imbalances that might make mediation unsafe or unfair for one party.
4. Assess whether mediation is suitable — considering both parties' willingness, the safety of the process, and whether a mediator can help.
5. Explain your options — including mediation, collaborative law, arbitration, and court proceedings, and their relative costs and timescales.

Cost

The standard cost of a MIAM is around £120–£160 per person (approximately £140). If you qualify for legal aid, the MIAM is free and the Family Mediation Council has a directory of mediators who offer legally-aided MIAMs. Check your eligibility at gov.uk/check-legal-aid before booking — if one party qualifies for legal aid, the other party's MIAM may also be funded.

After the meeting

The mediator completes a Form FM1 confirming you attended (or are exempt from attending) the MIAM. You attach this to your court application. Without a completed FM1, the court will not accept your application.

Following the MIAM, there are two main paths:

If both parties are willing: proceeding to mediation

If both you and your ex-partner are willing and the mediator considers mediation suitable, you can proceed to joint mediation sessions. Each session typically lasts 60–90 minutes and costs £100–£200 per person. Most cases that proceed to mediation are resolved within three to five sessions. Agreements reached in mediation can be made legally binding by applying to the court for a consent order — this is strongly advisable, especially for financial matters.

Mediated agreements are not binding unless approved by a court, but they carry significant weight and most parties honour them. For child arrangements, a Parenting Plan produced in mediation is a useful document even if it is not a court order.

If mediation is not suitable or fails: going to court

If the mediator decides mediation is not suitable (because of domestic abuse concerns, for example), one party refuses to engage, or mediation breaks down without agreement, the mediator signs the FM1 to that effect. You can then proceed with your court application. The court will want to understand why non-court resolution was not possible and may ask about attempts at mediation at any early hearings.

Courts increasingly expect parties to have made genuine efforts at NCDR. Under updated Family Procedure Rules, judges have the power to adjourn proceedings to allow NCDR and can take a party's unreasonable refusal to mediate into account when making costs orders.