Frequently Asked Questions

Mediation is a non-court dispute resolution mechanism in which a trained third party neutral assists disputing parties to have effective conversations to achieve mutually acceptable resolution of their dispute

A Mediation Information and Assessment Meeting (MIAM) is a meeting held with a trained family mediator to assess if mediation would be appropriate for a separating couple to resolve issues of future arrangements for individual members of the family arising from their separation.

Yes, both parties need to attend an individual MIAM before mediation can proceed. The purpose of this is to check if mediation would be appropriate for the parties’ situation.

After the MIAM, if all parties agree to try mediation, then they will need to attend mediation sessions (usually 1–2 hours each). The length and number of sessions will depend on each particular situation. When both parties reach an agreement, the mediator will document it in a ‘Memorandum of Understanding’ (MOU) so that parties are clear about what they have decided. The MOU can be made legally binding by a court if parties agree. This would be useful if there are arrangements that would run over a period of time, such as child maintenance payments.

The law provides that you must consider whether mediation can help you before you can take a case to court. A judge can halt your case until you can show that this has happened. You will need to show the court that:

  1. You have been to a MIAM to find out about mediation, or
  2. You don’t need to do this because of special circumstances which are listed in section 11 of form C100.

Special circumstances include cases involving domestic violence or child abuse, which may not be right for mediation – the mediator can advise you on this at the MIAM or first meeting. Alternatively, if you have evidence of domestic violence or child abuse you may not need to go to a MIAM and may be able to get Legal Aid to pay for a solicitor to help you bring your case to court.

Yes, you would have to pay for mediation. However, if you are on a low income and qualified to get Legal Aid, then the Mediation Information and Assessment Meeting (MIAM) and mediation sessions may be free.  We do not offer Legal Aid. You may also get financial help through the Government Voucher Scheme.