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Is family mediation compulsory?

You may have heard about the MIAM. Before applying to court for a decision on finances or parenting, the law requires most people to attend a MIAM with an accredited mediator. This is short for Mediation Information and Assessment Meeting.

It is expected that most people experiencing divorce or separation will take responsibility for their post-separation life.

After all, the families are the experts in their own lives. So the family court expects to be the last resort after all other attempts to settle have failed.  

The MIAM gives you an opportunity to find out what mediation is about. You can find out if it is suitable for you and your circumstances. In the MIAM you will look at the issues you have to consider to achieve divorce or separation. And you will be able to assess the situation before taking part in full mediation. 

However, undertaking full family mediation is voluntary.

Our mediators will help you proceed with mediation in the most comfortable way for you and your circumstances. However, if it goes ahead both people do need to agree to attend. But in some cases it is possible to make an arrangement whereby both people use separate rooms during family mediation.

 

*The law makes a small number of exceptions to this rule, for example where domestic violence has occurred or in cases of bankruptcy. 

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