Need to make an appplication the family court?

Barclay DeVere Family Mediation Service offer fast and effective service for Mediation Information and Assessment Meeting (MIAM)

Have you been told, that you need a MIAM?

If you have been told by your legal counsellor, that you need a Meditation Information and Assessment Meeting (MIAM) or a FM1 form before he can move ahead with your case in the court, and you are not sure about what this means, then it is perfectly understandable if you feel a little anxious or worried about the process.

Our aim here, is to help you understand the complete procedure and remove any doubts which you might have.

On 6th April 2011, the government introduced a legislation which requires anyone who wishes to take a case in the court related to certain family situations, has to attend a MIAM.

It is due to a prevailing viewpoint that family matters are best resolved in meditation and by counselling than in court rooms.

That is why the government wants to make sure that the families at least try this method once. You’re not expected to commit to meditation for resolving the case, but you just need to show that you have considered it.

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However, if you find that meditation is the best way to move forward after attending a MIAM, then it can be arranged during the meeting.

You can attend a MIAM meeting alone or with your ex-partner. It is better to attend the meeting together, although it is not necessary.

If you aren’t comfortable in asking your former partner yourself, a mediator can establish contact with him/her and explain the purpose of the meeting to them. At the meeting, the mediator can explain about the procedure of meditation and how it will be beneficial in resolving your case.

He will also assess you during the procedure and determine whether meditation is a viable solution or not for your case.

After the meeting, both parties will have the opportunity of considering meditation as an option for resolving the issue.

If you feel meditation is the best way to move forward, then a number of meetings will be set up and has to be attended by both the parties until the mediator is able to draw an agreement which both parties can sign.

However, if one or both the parties discard meditation as an option for resolving the issue, then the mediator will issue form FM1. This form is a proof that you’ve attended a MIAM and considered meditation as an option. The form needs to be produced in court in order to move ahead with the proceedings, required to resolve the conflict.

You should also note that although it is not necessary to attend the meeting together with your partner, but it is still necessary for both the parties to attend the meeting, even if they do so at different times. The mediator can also issue form FM1 if he feels that the parties won’t be able to come to an agreement by this method.

What is a MIAMS?

A Mediation Information Assessment Meeting is a conference with a specially certified family members mediator, that will discuss to you the alternatives to the court process. The function of the conference is to provide you a possibility to find out whether going to court would actually be the best means of dealing with the problems that you face following your connection or marital relationship malfunction (e.g. children, building and financial problems), and also in particular whether mediation could be a reliable choice.

After a MIAMS

Should none of the exemptions use, the MIAM will go ahead? At the MIAM, the mediator will certainly determine whether mediation is the ideal avenue to settle your certain dispute.

If it is figured out mediation is appropriate, the mediator will certainly speak you through the next steps in the process.

If not, a type has to be finished, provided by the mediator, which will certainly validate you have attended a MIAMS. This will enable your instance to proceed to a court.

The benefits of mediation

Mediation supplies a secure, confidential atmosphere, enabling you to discuss future plans for you and your family.

Our mediators are proficient at aiding you browse the legal as well as emotional puzzle that family breakdown can produce.

It is more affordable, quicker as well as less difficult than litigating.

It helps supply long-lasting solutions that remain in the best rate of interests of you and your family members.

It is flexible and also can accommodate all of your family members’s unique requirements, allowing you to maintain more control over your own future.

The mediation will assist you figure out:

  • the first steps to take
  • the options available to you
  • setups for your kids
  • youngster upkeep repayments
  • real estate as well as accommodation issues
  • just how to settle funds, savings, joint financial obligations, pensions as well as mortgages

Why we have MIAMS

The MIAM session offers the candidate the possibility to analyze what they are doing and test whether it is right for their household. Mediators locate that when individuals find out about mediation they are willing to give it a try. On a regular basis, when a mediator contacts the other party as well as tells them that the opposite side agrees to try mediation they are often keen to give it a go also. No person wishes to be viewed as an unreasonable one. Sometimes when disputes between couples escalate the idea of ‘backing-down’ and suggesting mediation appears a far possibility yet when partners have to have that break in between dispute as well as court they are surprised exactly how well it works.