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Book a MIAM →Is Mediation Compulsory Before Court in the UK?
If you are considering a family court application in England and Wales, you will usually be required to attend a Mediation Information and Assessment Meeting first. This guide explains the legal requirement, when exceptions apply, and what the process looks like in practice.
Key Points
- In most cases, you must attend a MIAM before applying to a family court in England and Wales.
- This requirement is set out in the Family Procedure Rules 2010 (FPR 2010), Rule 3.6.
- A MIAM is an individual meeting with an accredited mediator — not a joint session.
- Attending a MIAM does not mean you must proceed with mediation.
- There are specific legal exemptions — including domestic abuse and urgent situations.
- If you skip a MIAM without a valid exemption, the court is likely to reject your application.
- The mediator issues a certificate (FM1 form) that must accompany most court applications.
What Does 'Compulsory' Actually Mean?
The short answer is: in most cases, yes — attending a MIAM is a legal requirement before making a family court application in England and Wales. But 'compulsory' requires some nuance.
The requirement is not that you must participate in mediation. You cannot be forced to sit in a room with your ex-partner and work things out. What is required is that you attend a short individual meeting with an accredited family mediator and consider whether mediation is appropriate for your situation.
This distinction matters. Many people avoid the MIAM because they assume it commits them to a long mediation process. It does not. The MIAM is an information-gathering and assessment meeting that takes around 45 minutes to an hour. At the end of it, you are free to proceed with a court application if mediation is not suitable or if you choose not to pursue it.
Key point: The MIAM requirement means you must attend the meeting and consider mediation — not that you must agree to it.
Where Does the Legal Requirement Come From?
The requirement to attend a MIAM before making most family court applications is set out in the Family Procedure Rules 2010 (FPR 2010), specifically Rule 3.6. The requirement was introduced in April 2014 and applies to applicants across England and Wales.
The rule requires that, before issuing a relevant family application, the applicant must have attended a MIAM unless an exemption applies. The court will check this when the application is submitted — a MIAM certificate (the FM1 form, signed by the mediator) must be included with the application.
The policy rationale is straightforward: the family courts are under significant pressure, and mediation can often resolve disputes more quickly, cheaply, and with less lasting damage to family relationships than litigation. The MIAM requirement ensures applicants have at least been given the opportunity to consider it.
Legal source: Family Procedure Rules 2010, Rule 3.6. Also supported by guidance from the Ministry of Justice and the Family Mediation Council.
Which Court Applications Require a MIAM?
The MIAM requirement applies to most private law family proceedings. These include applications relating to:
Applications requiring a MIAM:
- Child arrangements orders — covering where a child lives and time with each parent.
- Specific issue orders and prohibited steps orders.
- Financial remedy applications — such as applications for property adjustment, maintenance, or pension sharing.
- Applications under the Children Act 1989 or Matrimonial Causes Act 1973 in private proceedings.
Applications that do not require a MIAM:
- Public law proceedings — such as care orders brought by local authorities.
- Enforcement proceedings once an order is already in place.
- Certain injunctions and protective orders.
- Applications where a valid MIAM exemption applies.
If you are unsure whether your specific application type requires a MIAM, the court forms themselves will ask you to confirm attendance or claim an exemption. Your mediator can also advise.
When Is Mediation Not Required? — MIAM Exemptions
There are specific circumstances in which the court will accept a family application without a MIAM certificate. These are known as MIAM exemptions and are set out in the Family Procedure Rules.
The most commonly used exemptions include:
Common MIAM exemptions:
- Domestic abuse — where there is evidence of domestic violence or abuse. This is the most frequently cited exemption.
- Urgency — where there is a risk to the life, liberty, or safety of a party or child, or where an urgent court order is needed.
- Child protection — where the application relates to child protection or safeguarding concerns.
- Previous MIAM — where the applicant attended a MIAM in the last four months.
- Bankruptcy — where the application is part of insolvency proceedings.
- Disability or unavailability of accredited mediators — where no accredited mediator is available within 15 miles or within 15 working days.
Important: Claiming an exemption requires evidence. The applicant must tick the appropriate box on the court form and, in some cases, provide supporting documents. Making a false exemption claim is a serious matter.
What Happens If You Don't Attend a MIAM?
If you submit a family court application without a MIAM certificate and without a valid exemption, the court will ordinarily refuse to issue proceedings. Your application will not be processed.
In some cases the court may refer the parties back to mediation rather than simply rejecting the application. The court also has the power to adjourn proceedings to allow a MIAM to take place.
Beyond the procedural consequence, courts in England and Wales can also take a party's attitude to mediation into account when making costs orders. A party who unreasonably refused mediation may find themselves ordered to pay the other side's legal costs, even if they ultimately succeed on the substantive issue.
Costs risk: Refusing or avoiding mediation without good reason is one of the factors courts consider when deciding who pays legal costs. This risk applies both at the MIAM stage and throughout proceedings.
Can You Be Forced Into Mediation?
No. The courts in England and Wales cannot compel parties to participate in mediation itself. Mediation is a voluntary process — both parties must be willing to engage for it to proceed.
What the court can do is require you to attend a MIAM (the information meeting), consider the possibility of mediation, and be asked to explain your reasons if you decline. The court can also draw inferences from an unreasonable refusal when making costs decisions.
This reflects the broader principle in family law that agreements reached by the parties themselves — rather than decisions imposed by a judge — tend to be more durable and less damaging to ongoing family relationships, particularly where children are involved.
Practical note: Attending a MIAM with an open mind costs very little and does not commit you to anything. Even if you are certain mediation is not right for your situation, attending the MIAM is the quickest route to obtaining the certificate you need for court.
What Is the Process From Here?
If you need to make a family court application and have not yet attended a MIAM, the steps are straightforward:
Find an FMC-accredited mediator and book a MIAM appointment. You can attend in person or online.
Attend the MIAM — individually, not with the other person. The appointment takes around 45 minutes to one hour.
Receive your FM1 certificate from the mediator — usually within 24 to 48 hours.
Include the certificate with your family court application form.
If you believe an exemption applies in your situation, speak to the mediator at the point of first contact. They can help you understand whether your circumstances may qualify.
Remember: The MIAM is the starting point — not the end of the process. Whether you proceed to mediation or directly to court, the certificate confirms you have engaged with the legal requirement.
Next Steps: How to Arrange a MIAM
If you need a MIAM before making a court application, the process is straightforward. Find an FMC-accredited mediator — either by searching the Family Mediation Council website or using an online provider — and book an individual appointment.
You can attend in person or by video call. Most providers can offer appointments within a few days, particularly online. Once the appointment is complete, the mediator will issue your FM1 certificate, which you include with your court application.
If you are unsure whether a MIAM exemption might apply to you, it is worth raising this when you first contact the mediator. They will be able to advise.
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Many people start by learning, not deciding. That is completely okay.
Understanding the legal requirement is a positive first step.
Whether you proceed to mediation or directly to court, knowing your options helps you move forward with confidence.