The Children and Families Act 2014 came into force on 22nd April 2014.
One of the most significant changes that the Act introduced was compulsory attendance at a Mediation Information and Assessment Meeting (MIAM).
Section 10(1) of the Children and Families Act 2014 states that before making a relevant family application, a person must attend a family mediation information and assessment meeting.”
What is a Mediation Information and Assessment Meeting?
A MIAM is conducted by a trained mediator. It is a short meeting at which the mediator provides information about mediation as a way of resolving disputes. The mediator will assess whether mediation is appropriate in the circumstances.
Why is attendance at a MIAM deemed so important that it is now compulsory?
It is widely accepted that the adversarial court process is not always the best way to resolve family disputes. In many cases disputes are best resolved through discussion and agreement, where that can be managed safely and appropriately. Family mediation is an alternative way of settling disagreements. A trained mediator can attempt to assist parties to reach an agreement outside of the Court arena.
What if the parties fail to attend?
If parties fail to attend at a MIAM and if there is no valid exemption the Court has the power to direct attendance at a MIAM and to adjourn proceedings until this direction has been complied with.
Are there exceptions to compulsory attendance at a MIAM?
There are certain exceptions to compulsory attendance at a MIAM and these are contained within the Family Procedure Rules.
If you have any questions about attendance at MIAMs including whether you may be exempt from attending at a MIAM then you should contact our friendly and experienced family team on 02920 470909.