What is a MIAM & What is Mediation?
What is a MIAM? (Mediation information and assessment meeting)
This is the first meeting where you meet with a mediator on your own to find out about the process. The mediator will gather background information from you to assess whether mediation is suitable. A MIAM meeting takes approximately 30-45 minutes and costs nothing if you qualify for legal aid or £120 including VAT if you are privately paying. Your ex-partner will not be present at your meeting and will only be contacted after your meeting.
Zoom MIAM
We are holding 90% of our assessment meetings and mediation through the platform of Zoom which is a free App you download to your mobile, we can give you full instructions of how to use this Zoom. If you have used Whatsapp video call you can use Zoom.
Face to Face MIAM
We can see you face to face but ideally we prefer to use Zoom as we only have limited availability at our Stafford which is easily accessible by train and car.
Mediation – a Better Way Forward
Mediation offers most people a better way of resolving difficult disputes. Sitting down together virtually or in person either on screen or in separate spaces with an experienced mediator.
Mediation is usually held over one, two but not usually more than three sessions. There is a high chance of resolving your issues much more quickly and with less harm to your future relationship as parents. Mediators can give you information about separation and divorce processes, and make suggestions to you as to what might be helpful. Mediators do not give independent legal advice.
Because Courts recognise that mediation is a more positive option, anyone thinking of applying to Court is now asked if they have first considered mediation and attended a MIAM outlined above.
Mediation itself always remains voluntary – either or both of you can end it at any time. Nothing in mediation is legally binding but what you agree can be made legally binding with the Court. You set the agenda. Everything said is confidential (apart from any concerns about risk to children or adults, and any evidence of fraud). Nobody can use what has been said in mediation in any Court proceedings unless both of you agree to waive confidentiality, so people can feel free to discuss options.
Mediation sessions
Normally we schedule one and a half hours for each session (costing £225 each inclusive of VAT) unless either of you qualifies for legal aid, if that is the case you will get your first and second session free of charge. However sometimes sessions finish earlier so you will only be charged for the time taken.
Shuttled Mediation (mediating in separate spaces)
Mediation doesn’t always have to take place in the same space we offer something called shuttled mediation which means clients start at separate times and sit separately (even virtually) throughout the mediation session and we ensure that clients if attended our office leave at separate times. Mediation works best if you can sit together but can be just as successful sat apart, how mediation takes place either together or separately is your choice and something the mediator will discuss with you at your assessment meeting. We will not force you at any point to sit with your ex-partner.
Meeting The Children
Thinking about arrangements for your children is often an important part of mediation. If both of you think it might help, your child or children can to be invited to talk confidentially with a specially trained mediator in a child consultation meeting. This is entirely voluntary on their behalf and, with your permission, the mediator will write to them personally to explain that. She and the children will agree upon what they would like to be fed back to you as parents. This gives the children ‘a voice’ in a situation where they may be feeling ‘invisible’, upset or confused – or where divided loyalties could become a problem.
Mediation – The End Product
If the discussions in mediation result in proposals acceptable to both sides, the mediator will write these up and the document should then be shared with a solicitor; the proposals may then, with the consent of both sides, be turned into the form of an order, which can be made binding. Public funding is available to pay for legal help and support alongside mediation.