When Is a MIAM Required Before Court?

A Mediation Information and Assessment Meeting (MIAM) is often required before certain private family court applications can be made in England and Wales.

In many private family law cases in England and Wales, attending a Mediation Information and Assessment Meeting (MIAM) is required before making certain applications to the court.

This requirement exists so that mediation is properly considered before formal proceedings begin. Whether it applies depends on the type of application being made and the circumstances of the case.

Understanding when this step is required — and when it may not be — can help avoid unnecessary delay.

Why the Requirement Exists

The purpose of the assessment meeting is to ensure that non-court options have been explored before judicial involvement.

Courts generally expect applicants to show that mediation has been considered as a possible route. The requirement is not designed to prevent access to court, but to ensure that formal proceedings are used where necessary rather than by default.

This stage provides structured information about whether mediation may be suitable in a particular situation.

Applications Where It Commonly Applies

The requirement most commonly arises in private law applications concerning:

  • arrangements for children
  • financial matters following separation
  • certain other family-related disputes

In these contexts, applicants are usually expected to attend an assessment meeting before submitting their court paperwork, unless a recognised exemption applies.

The exact requirement depends on the specific type of application being made.

Situations Where It May Not Be Required

There are recognised circumstances in which attending an assessment meeting may not be necessary.

These may include situations involving urgency, certain forms of risk, or where mediation has already been attempted recently.

Whether an exemption applies depends on the specific facts rather than assumption. Because these exceptions are fact-specific, it is important not to rely on general summaries alone.

What the Court Is Looking For

When the requirement applies, the court expects confirmation that mediation has been properly considered.

If the assessment meeting has not taken place and no valid exemption is recorded, an application may be delayed or returned until the position is clarified.

Ensuring that this stage has been addressed before issuing proceedings can prevent avoidable disruption.

Next Steps

If you are unsure whether you are required to attend an assessment meeting before applying to court, it is important to review the specific criteria relevant to your situation.

For a more detailed explanation, you may find it helpful to read:

Frequently Asked Questions

Usually the person making the court application must attend an assessment meeting before issuing the application. The other person may then be invited to attend if mediation appears appropriate.

If the requirement applies and no valid exemption is recorded, the court may delay or return the application until the position is clarified.

Yes. Certain circumstances may qualify for an exemption, including some urgent applications or situations involving risk. The exact criteria depend on the facts of the case.