Frequently Asked Questions

Is family mediation compulsory?

You may have heard about the Mediation Information and Assessment Meeting – the MIAM.

Before applying to court for a decision on finances or parenting, it is compulsory for most people to attend a MIAM with an accredited mediator. 

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 mediation.

If after attending your MIAM meeting you want to go on to try mediation and you both agree this is the right course of action then undertaking mediation is voluntary. Both you and your ex and the mediator will agree to the mediation.

Our mediators will help you use the mediation meeting in the most comfortable way for you and your circumstances. This might be in person together in the same room, online or in separate rooms. You can discuss how you would like to proceed with the mediator.

It is unlikely that you will not reach an agreement in mediation as most people do, but if you are one of the small number unable to resolve your conflicts, then the mediator can issue you with the obligatory signed form for you to continue to make an application to court.

There is nothing to stop you from making an application to court and still continuing with mediation. In the end, the courts would rather you made your own arrangements than for orders to be made that seldom suit the needs of your family.