Mediation Information and Assessment Meetings
As from the 6 April 2011 changes to the Rules that govern conduct of Court Proceedings in family disputes in England and Wales relating to children and/or finances mean that anyone considering such Court Proceedings should, first of all, look at alternative dispute resolution by attending at a Mediation and Assessment Meeting (MIAM).
Who must attend the MIAM?
Either before or during Court Proceedings the Court will expect both parties to consider alternative ways to resolve their dispute by attending at a MIAM. It is not necessary for both parties to attend and meet with the same Mediator but, if it is possible, it may save both time and money. If you prefer to attend a MIAM on your own or the other party refuses to attend, then a sole meeting can be arranged. In exceptional circumstances attendance at a MIAM will not be required and common examples would be where there are issues of domestic violence, child protection issues concerning a child of the family or where there is a need for an urgent Application to the Court.
What is the purpose of the meeting?
The meeting is arranged to provide information about alternatives to Court when parties are trying to resolve conflict. The Mediator will assess whether mediation is suitable to enable you and your former spouse/partner to resolve the difficulties between you. The Mediator will explain what mediation is and how it works, will discuss the options and, if mediation is suitable, will arrange further appointments for you and your former spouse/partner to attend and enter into the mediation process.
If mediation is not suitable and you or your former spouse/partner decide to pursue a Court Application, then the Court will require a form (an FM1) to be handed in to the Court to confirm that a MIAM has been attended and the Court may refuse to allow any Court application to proceed until that form is handed in.
How can we help?
Helen Stuart, Solicitor at Gotelee Solicitors is able to provide Information and Assessment Meetings. Helen can also undertake mediation for couples who have decided to resolve their disputes through mediation rather than through Court Proceedings. Gotelee does not offer public funding (formerly legal aid) for mediation and/or MIAMs. Helen's charge for providing a MIAM is £90 plus VAT for one person attending or £130 plus VAT for a couple attending a joint session. Helen will be pleased to discuss mediation with you. Please contact her on 01473 298101.
