Attending a MIAM does not commit you to mediation
Attending a MIAM does not commit you to mediation
This guide is part of our Mediation Guides, which explain how family mediation works and when it may be appropriate.
Understanding the differences between mediation and court proceedings
When facing decisions following separation or divorce, many people consider two main routes: mediation or court.
Both processes have an important role, but they operate in very different ways.
Understanding how they differ can help you decide which approach is more appropriate for your situation.
One of the most significant differences is who makes the final decision.
Mediation keeps decision-making with the individuals involved.
Court transfers decision-making authority to a judge.
Mediation is a flexible, discussion-based process. Sessions are arranged around the issues that need to be resolved and can adapt as discussions progress.
Court proceedings follow a formal legal structure. Timetables are set by the court, hearings take place at fixed times, and the process is governed by procedural rules.
Both processes are structured — but in different ways.
Mediation emphasises collaborative discussion.
Court is a legal determination process.
Mediation sessions are private and confidential.
Court hearings in family cases are also generally private, but the process is more formal and governed by court procedure.
The setting and tone of the two processes can feel very different.
Mediation allows sessions to be arranged by agreement and can focus on specific issues first if needed.
Court proceedings operate according to judicial timetables, which may involve waiting periods between hearings.
Neither process guarantees a particular timescale. The pace depends on the complexity of the issues and the circumstances involved.
In most private family law cases in England and Wales, the court expects mediation to be considered before proceedings are issued.
This usually involves attending a Mediation Information and Assessment Meeting (MIAM ), unless a recognised exemption applies.
Attending a MIAM does not require you to proceed with mediation. It ensures that mediation has been properly considered before court action begins.
Further detail about this requirement is explained separately in our guidance on MIAMs
Mediation may be appropriate where:
Mediation is designed to help people explore solutions before turning to legal determination.
Court proceedings may be necessary where:
Court exists to provide legal determination where agreement cannot be reached.
It is important to understand that mediation and court are not always absolute alternatives.
Some people attend a MIAM and then proceed directly to court.
Others resolve part of their dispute in mediation and leave specific legal issues for the court to determine.
The most appropriate route depends on the circumstances.
If you are weighing different options for resolving separation issues, it may help to explore whether mediation feels appropriate for your circumstances.
If you are looking for structured, professional support with separation or divorce decisions, you can learn more about family mediation.