Arranging Mediation

Arranging Mediation

  • MIAMs

Mediation is seen as an alternative to instructing solicitors and issuing court proceedings and seeks to help parties reach agreement through reasonable discussions, assisted by a person trained in mediation. Typically it encourages parties to discuss their differences, normally face to face, and reach agreement via compromise having looked at matters from each other’s point of view.

From 22 April 2014 Mediation Information and Assessment Meetings (MIAMs) became compulsory in advance of all but the most urgent of applications to court, and with this in mind the government has set aside some legal aid funds for Help with Mediation. The result is that unless you are in imminent danger of physical harm the likelihood is you will have to consider mediation, and in the event you wish to bring the matter before the court, provide evidence that you have attended a MIAM and that mediation was not appropriate. There are certain circumstances, usually based on a history of domestic abuse, which may mean attending a MIAM is not appropriate in your case.

Our lawyers appreciate that an agreement reached voluntarily is always a better solution than an order imposed by the court, and we can help you to understand what you should be looking to get out of any formal mediation agreement. However, we also understand that sometimes the acrimony and emotional upset that can dominate family breakdowns make mediation impossible. Either way we can help you to decide what is appropriate for you and your family and which legal framework is the best suited to you and your needs.

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