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Legal Requirements

MIAM Exemptions

Understanding when you may be exempt from attending a Mediation Information and Assessment Meeting before court.

The Basics

What Is a MIAM?

A Mediation Information and Assessment Meeting (MIAM) is a mandatory first step before most family court applications in England and Wales. The MIAM introduces you to mediation, assesses whether it is suitable for your situation, and provides the necessary certificate for any subsequent court application.

The MIAM requirement was introduced by the Children and Families Act 2014 and applies to applications for:

Child Arrangements Orders
Prohibited Steps Orders
Specific Issue Orders
Financial Remedy Orders
Divorce Proceedings
Property Adjustment Orders

Please note: If you claim an exemption that the court does not accept, your application may be delayed or struck out. We recommend speaking to one of our mediators if you are unsure whether an exemption applies to your situation.

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Recognised Exemptions

When Are You Exempt from a MIAM?

There are specific, legally defined circumstances in which you may be exempt from attending a MIAM. These must be declared truthfully on Form FM1.

Where there is evidence of domestic violence or abuse, you may be exempt. Evidence must be provided in an approved form, such as: a police caution for a domestic violence offence within the last five years; a conviction for a domestic violence offence; an ongoing criminal investigation; a protective injunction; a letter from a doctor, IDVA, MARAC or social services confirming domestic abuse; or a finding of fact of domestic abuse by a court.

An exemption applies if the child who would be the subject of the application is the subject of a child protection plan, or if a Section 47 enquiry is being conducted, or if the matter concerns a child at risk of significant harm. This exemption protects children in high-risk situations.

If you or the other party have already attended a MIAM within the previous four months in relation to the same or similar dispute, you are exempt from attending again. You will need to provide the mediator's details and the date of the previous MIAM.

Where the matter is genuinely urgent, for example where there is a risk to the life, liberty or physical safety of the applicant or a child, or where a delay would cause a risk of harm or irretrievable prejudice. Urgency exemptions are assessed strictly by the court.

If there is no mediator authorised to conduct MIAMs within 15 miles of where you live, or if the earliest available appointment is more than 15 business days away, an exemption may apply. You must make a genuine attempt to contact at least three mediators before claiming this exemption.

Where the applicant or a potential party to mediation has a disability, mental health issue or other incapacity that makes mediation inappropriate or inaccessible, an exemption may apply. Supporting medical evidence is typically required.

If the applicant is making an application in existing proceedings that were commenced before 22 April 2014, or certain types of linked proceedings, an exemption from the MIAM requirement may apply.

For certain urgent applications relating to a child's welfare where immediate court intervention is required, an exemption from the MIAM requirement may be available. Courts apply this exemption narrowly and it requires clear evidence of genuine urgency.

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