1.

The purpose of this Practice Direction is to supplement Part 3 of the Family Procedure Rules and to set out good practice to be followed by prospective respondents who are expected to also attend a MIAM.

2.

Under section 10(1) of the Children and Families Act 2014, it is  a requirement for a person to attend a MIAM before making certain kinds of applications to obtain a court order. (A list of these applications is set out in Rule 3.6 and in paragraphs 12 and 13 below.) The person who would be the respondent to the application is expected to attend the MIAM. The court has a general power to adjourn proceedings in order for non-court dispute resolution to be attempted, including attendance at a MIAM to consider family mediation and other options.

3.

A MIAM is a short meeting that provides information about mediation and other methods of non-court dispute resolution, as options for resolving disputes. A MIAM is conducted by a trained mediator who will consider and explain the potential benefits of different methods of non-court dispute resolution. A MIAM should be held within 15 business days of contacting the mediator.

4.

There are exemptions to the MIAM requirement. These are set out in the MIAM Rules (see Chapter 3 to Part 3 of the Family Procedure Rules), and are explained in more detail in this Practice Direction.

5.

The effect of the MIAM requirement and accompanying Rules is that a person who wishes to make certain kinds of applications to the court must first attend a MIAM unless a ‘MIAM exemption’ applies. These exemptions are set out in Rule 3.8.

6.

When making certain kinds of applications (see paragraphs 12 and 13 below), an applicant must therefore provide on the application form, or on a separate form, one of the following –

7.

If an applicant claims a MIAM exemption, the court will issue proceedings but will inquire into the exemption claimed. In private law proceedings, the court must make this enquiry at the stage at which the case is allocated to a level of judge (often referred to as the “gatekeeping stage”). In financial remedy proceedings, the court may make this enquiry at the stage at which the case is allocated, if that is appropriate, or at the first hearing. The court may review any supporting evidence in order to ensure that the MIAM exemption was validly claimed or whether any validly claimed MIAM exemption is still applicable. As set out in more detail below, if a MIAM exemption has not been validly claimed, or is no longer applicable, the court may direct the applicant or the parties to attend a MIAM, and may adjourn proceedings for that purpose.

8.

The adversarial court process is not always best suited to the resolution of family disputes. Such disputes are often best resolved through discussion and agreement, where that can be managed safely and appropriately.

9.

There are various types of non-court dispute resolution which can enable parties to settle disagreements, for example, mediation, arbitration, evaluation by a neutral third party (such as a private Financial Dispute Resolution process) and collaborative law. A mediator who conducts a MIAM is a qualified independent facilitator who will also discuss all potentially suitable forms of non-court dispute resolution.

10.

Attendance at a MIAM provides an opportunity for the parties to a dispute to receive information about the different processes of non-court dispute resolution and to understand the benefits they can offer as ways to resolve disputes. At that meeting, a trained mediator will discuss with the parties the nature of their dispute and will explore whether a form of non-court dispute resolution would be a suitable way to resolve the issues on which there is disagreement.

10A

While the FPR do not give the court the power to require parties to attend non-court dispute resolution, the court does have a duty to consider, at every stage in proceedings, whether non-court dispute resolution is appropriate.

10B

The court will want to know the parties’ views on using non-court dispute resolution as a way of resolving matters. To enable the court to obtain that information, the procedure set out in paragraph 10C applies in-

(a) proceedings for a financial remedy in which the MIAM requirement applies (see paragraph 13); and

(b) private law proceedings relating to children in which the MIAM requirement applies (see paragraph 12) where those proceedings are progressing on the online system referred to in Practice Direction 36ZD,

unless the applicant claimed a MIAM exemption on the basis of domestic abuse (see paragraph 20) or a form C1A (allegations of harm and domestic abuse) has been filed with the court.

10C

Where this paragraph applies-

(a) each party must file with the court and serve on all other parties a standard form setting out their views on using non-court dispute resolution-

(i) at least 7 days before the first hearing in the proceedings which is held on notice to all parties, or

(ii) within such other period before that hearing as the court may direct; and

(b) if required by the court, each party must file with the court and serve on all other parties an updated version of that standard form -

(i) at least 7 days before a subsequent hearing; or

(ii) within such other period before a subsequent hearing as the court may direct.

The form referred to in this paragraph must be verified by a statement of truth.

10D

It may be that there are gaps in time between hearings which the court considers the parties should use to attend non-court dispute resolution and the court should make it clear to the parties if this is the case (Rule 3.4). The court also has general powers to adjourn proceedings, which could be exercised for these same reasons (Rule 4.1), with the court using its discretion on a case by case basis to determine the appropriate length of any adjournment.

10E

If the court allows time for parties to attend non-court dispute resolution, or adjourns the proceedings specifically for that purpose, any failure of a party, or parties, to then attend non-court dispute resolution will not affect any substantive decision the court makes in the proceedings. However, the court may take the parties’ conduct in relation to attending non-court dispute resolution into account when considering whether to make an order for costs in relation to the proceedings: see Part 28 FPR.

11.

In accordance with section 10 of the 2014 Act, and Rule 3.6, the proceedings to which the MIAM requirement applies are the private law proceedings relating to children listed in paragraph 12 and the proceedings for a financial remedy listed in paragraph 13 below.

12.

13.

14.

An application to the court in any of the proceedings specified above must be on the relevant court form which must contain either:

(a) a confirmation from a mediator that the applicant has attended a MIAM; or

(b) a claim by the applicant that a MIAM exemption applies (the list of MIAM exemptions is set out in Rule 3.8(1)); or

15.

Relevant application forms are available from the HMCTS form finder service at www.justice.gov.uk/forms/hmcts. For matters concerning children you can find out which form to use by reading the leaflet CB1 - Making an application - Children and the Family Courts'. Leaflet CB7 – Guide for separated parents: children and the family courts also provides guidance on the court process.

16.

The relevant form can be completed either by the applicant or his or her legal representative. Any reference in this Practice Direction or in the Rules to completion of the form by an applicant includes a reference to completion by a legal representative.

17.

FPR Rule 3.8(1) sets out the circumstances in which the MIAM requirement does not apply. These are called MIAM exemptions.

18.

In order to claim that a MIAM exemption applies, an applicant will need to tick the appropriate MIAM exemption boxes on the relevant form.

19.

Applicants should note that some of the MIAM exemptions require that certain evidence is available. The next section of the Practice Direction specifies those forms of evidence. This evidence must be provided with the application (but does not need to be served on other parties). The court will inquire into such evidence in order to determine whether the MIAM exemption has been validly claimed or, where it has been validly claimed, whether it remains applicable.

20.

21.

The forms of evidence referred to in Rule 3.8(1)(h) are –

22.

As set out in Rule 3.9, a MIAM must be conducted by an authorised family mediator. Under that rule, an authorised family mediator is a person identified by the Family Mediation Council as qualified to conduct a MIAM.

23.

A list of authorised family mediators, including their location, can be found using the ‘Find your local mediator’ search engine at: www.familymediationcouncil.org.uk

24.

The expectation is that a prospective applicant should be able to find an authorised family mediator within 15 miles of his or her home, or be able to attend a MIAM online or by video-link. As stated in Rule 3.8(1)(o) a MIAM exemption is available if –

25.

Rule 3.8(1)(p) also provides an exemption if-

(i) the prospective applicant is not able to attend a MIAM online or by video-link; and

(ii) there is no authorised family mediator with an office within fifteen miles of the prospective applicant's home; and

(iii) the prospective applicant has provided the court with an explanation of why this exemption applies.

26.

To determine whether a mediator is within the distance of 15 miles from their home, applicants can use the ‘Find your local mediator’ search engine to type in their own post code and then use the distance option to display only family mediators within a 15 mile distance.

27.

The applicant will need to send to the court with their application the names, contact information and details of the dates of contact with the authorised family mediators.

28.

Information about the Family Mediation Council, including its code of conduct can also be found at www.familymediationcouncil.org.uk

29.

The cost of attending a MIAM will depend on whether the prospective parties attend separately or together and whether at least one of the prospective parties is eligible for Legal Aid. If at least one party is eligible for Legal Aid then the total cost of MIAM attendance can be met by the Legal Aid Agency, whether the parties attend the same MIAM or separate MIAMs.

30.

If neither party is eligible for Legal Aid then the mediator will agree with the prospective parties how the cost of MIAM attendance is to be met.

31.

Parties can find out whether they are eligible for Legal Aid by using the calculator tool available at www.gov.uk/legal-aid

32.

Prospective respondents are expected to attend a MIAM, either with the prospective applicant or separately. A prospective respondent may choose to attend a MIAM separately but this should usually be with the same authorised family mediator.

33.

The prospective applicant should provide contact details for the prospective respondent to an authorised family mediator for the purpose of the mediator contacting them to discuss their willingness to attend a MIAM and, if appropriate, to schedule their attendance at a MIAM.

34.

If the mediator contacts the prospective respondent and determines that he or she is unwilling to attend a MIAM, a prospective applicant should still attend a MIAM.

35.

Where a MIAM exemption requires that certain evidence is available, the evidence must be provided with the application form (but that evidence does not need to be served on other parties). The court may inquire into such evidence in order to determine whether the MIAM exemption was validly claimed or whether a validly claimed MIAM exemption is no longer applicable.

35A

The court will consider whether the MIAM exemption was validly claimed, or whether a validly claimed MIAM exemption is no longer applicable-

(a) when making the decision on allocation in private law proceedings to which the MIAM requirement applies; and

(b)  if making a decision on allocation, and in any event at the first hearing, in the proceedings for a financial remedy to which the MIAM requirement applies.

36.

The court may if appropriate adjourn proceedings where evidence relating to a MIAM exemption is not available or may give directions about how and when such evidence is to be filed with the court.

37.

If the court determines that the MIAM exemption was not validly claimed, or was validly claimed but is no longer applicable, the court may direct the applicant, or the parties, to attend a MIAM and may adjourn proceedings pending MIAM attendance.

38.

For the purpose of this Practice Direction –

'appropriate health professional' means-

(a) a medical practitioner licensed to practise by the General Medical Council;

(b) a health professional who is registered to practise in the United Kingdom by-

(i) the Nursing and Midwifery Council; or

(ii) the General Dental Council; or

(c) a paramedic, practitioner psychologist, radiographer or social worker registered to practise in the United Kingdom by the Health and Care Professions Council;

‘care order’ has the meaning given to it in Rule 2.3 of the FPR;

‘care proceedings’ has the meaning given to it in Rule 12.2 of the FPR;

‘consent order’ has the meaning given to it in Rule 2.3 of the FPR;

'domestic abuse offence' has the meaning given in the list published by the Lord Chancellor which can be viewed at https://www.gov.uk/government/publications/domestic-violence-and-child-abuse-offences;

‘emergency proceedings’ has the meaning given to it in Rule 12.2 of the FPR;

‘emergency protection order’ has the meaning given to it in Rule 12.2 of the FPR;

'expert report' means a report by a person qualified to give expert advice on all or most of the matters that are the subject of the report;

‘FPR’ means the Family Procedure Rules 2010;

‘financial order’ has the meaning given to it in Rule 2.3 of the FPR;

‘financial remedy’ has the meaning given to it in Rule 2.3 of the FPR;

'housing association' has the same meaning as in section 1(1) of the Housing Associations Act 1985;

'local authority' means a county council, a district council, a London borough council or a parish council but, in relation to Wales, means a county council, county borough council or community council;

‘health professional’ means a registered –

‘MIAM’ means a family mediation information and assessment meeting;

‘MIAM exemption’ has the meaning given to it in Rule 3.1 of the FPR;

‘MIAM requirement’ has the meaning given to it in Rule 3.1 of the FPR;

‘non-court dispute resolution’ has the meaning given to it in Rule 2.3 of the FPR;

‘pension compensation sharing order’ has the meaning given in Rule 9.3 of the FPR;

‘pension sharing order’ has the meaning given in Rule 9.3 of the FPR;

'personally connected' has the meaning given in section 2 of the Domestic Abuse Act 2021;

‘private law proceedings’ has the meaning given to it in Rule 12.2 of the FPR;

‘prospective applicant’ has the meaning given to it in Rule 3.1 of the FPR;

‘prospective party’ has the meaning given to it in Rule 3.1 of the FPR;

‘prospective respondent’ means a person who would be a likely respondent to the proceedings in the relevant family application (which has the meaning given to it in Rule 3.1 of the FPR);

'protective injunction' means an order made by the court–

(a) in respect of persons who are personally connected with each other, containing any of the following provisions-

(i) protecting a person from harm, intimidation, threats or harassment;

(ii) protecting a person from being forced into a marriage or from any attempt to be forced into a marriage;

(iii) prohibiting a person from contacting, or communicating with, another;

(iv) concerning entry or access to, or the use or occupation of, property;

(b) for the protection from female genital mutilation under paragraph 1 or 18 of Schedule 2 to the Female Genital Mutilation Act 2003; or

(c) in respect of a violent offender within the meaning of section 98 of the Criminal Justice and Immigration Act 2008,
but does not include an order made without notice to the respondent that was subsequently set aside by the court;

‘supervision order’ has the meaning given to it in Rule 12.2 of the FPR;

‘supervision proceedings’ has the meaning given to it in Rule 12.2 of the FPR; and

‘variation order’ has the meaning given to it in Rule 9.3 of the FPR.