If you are considering a divorce or separation, then you should be familiar with the terms ‘MIAMS’ . MIAMS stands for Mediation Information and Assessment Meetings and Court forms or C100 is the name of a special legal form which must be submitted to the court in certain circumstances.
MIAMS and the C100 were introduced by the Ministry of Justice. The purpose of these measures was to try and persuade more people to follow mediation rather than to rely on court proceedings.
Mediation is seen as a cheaper process than going to court, and experience shows that the costs are half of court costs. The process is also less likely to lead to legal to antagonism between parties.
If you are involved in a dispute concerning your divorce or separation you need to attend MIAMS meetings. These disputes could involve financial or parenting issues. These meetings, which can be held separately or together with your ex-partner, will be able to assess your suitability for mediation.
They will also tell you about th mediation procedure. There are only certain bodies who are certified and trained to conduct mediation meetings and you should be sure that the mediators are of the right standard. There are four possible results from the mediation meeting.
The best possible result is that mediation is a suitable solution for resolution of the dispute. This would mean that you can save money by reducing the costs of legal fees and come to an amicable agreement with your partner. It is possible that mediation was attempted but failed.
That is, you failed to reach an agreement or one, or both, parties withdrew from the mediation before it was completed. It is also possible, but unlikely, that mediation is not suitable in your case. Finally, it may be that there is an exemption to mediation.
It might be that there is violence, or coercion, involved in your case. This would make it impossible for mediation to take place.
The MIAMS form, otherwise known as the Family Mediation Information and Assessment Form (MIAM) should be completed by an accredited mediator. This form includes a full list of exemptions for mediation.
One obvious exemption is that, on discussion, there is no disagreement to mediate. However, as stated above, threats of violence, and other issues such as bankruptcy can count as exemptions.
Aside from the exceptions which have been outlined above, there is really no excuse for attending MIAMS meetings. These are a necessary part of going through divorce or separation.
Without undertaking these meetings it is virtually impossible to obtain the correct legal permissions to obtain a divorce. By contacting our trained mediators, you will obtain the best possible advice concerning MIAMS meetings and need help with a C100 court form.
Even if you and your ex-partner are not on speaking terms please contact us on an individual basis to find out more about these important procedures.
Contact us for Family Mediation – 03300 101 354
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Family’s are deeply affected by divorce or separation, especially when there are children in the family. Often these painful situations can be helped with the aid of a mediator who will hold a Mediation Intake Assessment Meeting or MIAM. MIAMs can soothe ruffled feelings and ensure that communal assets are divided equally, make sure that financial obligations of both parents are laid out and help to make the break as easy as possible for all the members of the family.
When attending a court proceeding on the matter, the family will need to present an FM1 (Family Mediation 1 form) which confirms that a MIAM has been held.
As of April 2014, significant changes were made to the judicial system regarding separation and divorces, particularly where children were involved. These changes ensure that the welfare of the children is paramount, with minimal impact on the children and as little negativity as possible. One of the major changes was a requirement for a mediation session or MIAM to be attended before any court proceedings to do with financial or custody matters (hence the need for a FM1 to be produced).
If the split is acrimonious and both parties find it difficult to be in the same room, as would happen with face to face mediation, it is possible to ask for shuttle mediation.
Shuttle sessions happen when the two parties are seated in separate rooms and the mediator shuttles between the two, discussing issues and offering solutions.
Shuttle mediation is often a good solution with distance between the parties allowing for rational and reasoned thinking.
Mediation sessions are now a legal requirement, and your ex’s lawyer will make this clear to him or her.
Offering shuttle mediation, in which they will not have to share a room while coming to an agreement, is sometimes a way to make the thought of mediation more palatable.
Mediators can also help with will disputes: resolving issues between heirs and coming to an acceptable compromise in the event that the will is ambiguous or unclearly worded.
