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Why do i need an accredited mediator to sign the court application form?
At MIAMS we can help you with the complexities of the court application form call us today to find out more.
If you are planning on completing an application to the family court system in the UK then you need to speak to a mediator first. The form should be completed and signed by a mediator and their client. If the client has been present at MIAM meetings (Mediation and Information and Assessment Meetings) then your mediator can compete the form to provide evidence to the court that such sessions have been completed.
This is the usual state of affairs as the application will get declined and sent back without this taking place.
In the case where a client has not attended MIAMS meetings then the mediator must fill in part 2 of the form. This may explain various reasons why MIAMS meetings were not conducted.
In particular, exceptional, cases, there is no requirement to undertake MIAMS meetings. It must be noted that these are rare.
The happiest situation in which MIAMS meetings do not have to be undertaken is if there is no dispute to resolve between parties.
If there has been an allegation of domestic violence which has then led to the police taking action, or in the case of a civil dispute involving domestic violence, then MIAMS is not required, and the mediator must express this on the C100 form.
Note that for this to be the case, the allegation and subsequent action must have taken place within the last 12 months.
If there has been a dispute on financial grounds, and there is bankruptcy, then this may be included as a reason not to attend MIAMS on C100 form.
There are other, complex circumstances, in which the C100 Form should indicate if MIAMS meetings are not necessary. These concern when the parties cannot be located, where there would be significant harm to a child or where there are child protection issues are involved.
At MIAMS Family Mediation Service we can help you with the complexities of the Court forms, and talk through your particular circumstances.
From April 2014 the Children and Families bill will change the law around MIAMS. This is a complicated matter which will impact upon legal aid and make MIAMS meetings more prevalent, but at MIAMS Family Mediation Service we can keep you appraised of any statutory changes that occur.
Contact us for Family Mediation today – 03300 101 354
General information about Mediation, Please click the links below to find out more info:
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.