Before applying to the family court for matters like child arrangements or financial orders, you’re generally required to attend a MIAM (Mediation Information and Assessment Meeting). The idea is to give separating couples a chance to explore mediation before going through the courts.

But there are situations where attending a MIAM isn’t necessary and in some cases, it would be entirely inappropriate. This guide covers when you’re legally exempt and how to make sure your application to court is properly supported.

What exactly is a MIAM?

A MIAM is a short meeting with a trained mediator. It usually lasts about 45 minutes and gives you an overview of how mediation works. You attend on your own, not with your ex-partner, and it helps decide whether mediation might be suitable for your case. You’re not forced to agree to anything, but unless you qualify for an exemption, you need to attend one before applying to court.

When you don’t need to attend a MIAM

There are several recognised exemptions. These fall into five broad categories:

1. Domestic abuse

If there’s a history of domestic abuse, whether emotional, physical, financial or controlling behaviour, you don’t have to attend a MIAM. You’ll need to provide evidence, such as:

• A police report, caution or conviction
• A restraining or non-molestation order
• A letter from a GP, social worker or domestic abuse service

2. Urgent matters

If there’s a need for urgent court intervention, you’re exempt. Common examples include:

• The risk that a child may be taken abroad without permission
• Immediate danger to a child or adult
• Need for protective orders to be made quickly

You’ll still need to explain clearly why it’s urgent on your application.

3. You’ve recently attended a MIAM

If you’ve already been to a MIAM about the same issue within the last four months and mediation wasn’t appropriate or didn’t work, you don’t need to attend again. The mediator should have issued a signed certificate confirming this.

4. Ongoing court proceedings

You won’t need to attend a MIAM if the issue is already being dealt with by the court. That includes active proceedings or recently concluded cases on the same matter between the same people.

5. Other practical reasons

You may also be exempt if:

• The other person is in prison or their location is unknown
• There are ongoing child protection investigations
• One of you lacks mental capacity
• Mediation isn’t possible because of geographical or communication barriers

How to claim an exemption

If you’re applying for a child arrangements order, you’ll use form C100. For financial matters, you’ll use Form A. Both have sections where you can tick the box for an exemption and explain your reasons.

In many cases, especially domestic abuse exemptions, you’ll need supporting evidence. Attach it when you submit your application.

If the court doesn’t accept the exemption, they may pause your case until an MIAM has been completed.

Not sure if you qualify?

It’s common to be unsure. The safest option is to speak to a qualified mediator. They can talk you through your situation and help you decide the best course of action. Even if you’re exempt, some people still choose to attend a MIAM to explore options before committing to court.

Why MIAMs are part of the process

MIAMs exist to give families a better route forward. Many cases that begin with conflict end in agreement after mediation. It’s quicker, less stressful and usually far cheaper than court.

But the system recognises that not everyone is in a position to mediate. That’s why exemptions exist and they’re there to protect people who need other routes.

At Family Law Mediation, we help individuals understand their options. Whether you’re attending a MIAM or need help proving an exemption, our team can guide you through the process clearly and respectfully.

Contact Family Law Mediation to get practical, informed support with your next steps.