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Book a MIAM →Is Mediation Compulsory Before Court in the UK?
In most cases, yes — attending a MIAM before a family court application in England and Wales is a legal requirement. But the requirement has specific limits, and there are situations where it does not apply.
Key points
- Attending a MIAM before most family court applications is a legal requirement under the Family Procedure Rules 2010.
- The MIAM is a short individual meeting — typically 45 to 60 minutes — with an accredited mediator.
- Attending a MIAM does not commit you to mediation. Mediation itself remains voluntary.
- There are recognised legal exemptions — including domestic abuse, urgency, and previous MIAM attendance.
- Without a MIAM certificate or a valid exemption, most court applications will not be accepted.
- Courts can also direct parties to attempt a MIAM at any stage of existing proceedings.
- The mediator issues an FM1 certificate after your MIAM, which you include with your court application.
What the Law Actually Requires
The requirement to attend a MIAM before most family court applications is set out in the Family Procedure Rules 2010, specifically Rule 3.6 and Practice Direction 3A. It came into force in April 2014 and applies across England and Wales.
What the law requires is not mediation itself. It requires attendance at a MIAM — a Mediation Information and Assessment Meeting. This is a short, private, individual appointment with an accredited mediator where the mediator explains how mediation works, assesses whether it is suitable for your situation, and answers questions.
The meeting typically lasts 45 to 60 minutes. At the end of it, the mediator issues an FM1 certificate regardless of whether you decide to proceed with mediation. You include this certificate with your court application.
Mediation itself — the negotiation process involving both parties — remains entirely voluntary. You cannot be compelled to participate in mediation. The MIAM is the gateway; what happens after it is your choice.
Plain language summary: The law says: attend the individual information meeting before applying to court. It does not say: agree to mediation, participate in joint sessions, or reach an agreement.
Which Court Applications Require a MIAM?
The MIAM requirement applies to most private law family proceedings. This includes applications for:
Child arrangements orders — covering where a child lives and how much time they spend with each parent. Specific issue orders and prohibited steps orders. Financial remedy applications — including property adjustment, maintenance, and pension sharing orders. Applications under the Children Act 1989 or Matrimonial Causes Act 1973 in private law proceedings.
It does not apply to: public law proceedings brought by local authorities (such as care orders); enforcement of existing court orders; certain emergency injunctions; or cases where a valid MIAM exemption applies.
Important note: The divorce petition itself does not require a MIAM. The requirement applies to the related applications — for children or financial orders — that often accompany a divorce. See: Do You Need Mediation Before Applying for Divorce? →
When the Requirement Does Not Apply — Exemptions
There are specific, legally recognised circumstances in which you can apply to court without attending a MIAM. These exemptions are set out in Practice Direction 3A and must be declared on the court application form.
The most commonly used exemptions are: evidence of domestic abuse or coercive control; urgency — where there is an immediate risk to life, liberty, or safety; previous MIAM attendance within the last four months on the same or a connected dispute; no FMC-accredited mediator available within 15 miles within 15 business days; and certain insolvency-related financial proceedings.
Exemptions are not self-certifying — you declare one on the court form, and the court reviews it at the gatekeeping stage. A false exemption claim is a statement of truth matter and can constitute contempt of court.
Read more: Can You Go Straight to Court Without Mediation? → — full breakdown of each exemption category and the evidence required.
What Happens If You Don't Comply
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 until the MIAM requirement has been met.
Courts also have the power to adjourn proceedings at any stage — including mid-case — and direct parties to attend a MIAM or attempt mediation before continuing. A judge who considers that mediation was not genuinely explored may pause the case accordingly.
Beyond the procedural consequences, unreasonable refusal to engage with the MIAM process can result in an adverse costs order — requiring you to pay part of the other party's legal costs, even if you ultimately succeed on the main issue.
Read more: What Happens If You Skip a MIAM? → — full guide to the procedural, legal, and financial consequences.
What a MIAM Actually Involves
Many people expect the MIAM to be more demanding than it is. It is a short individual appointment — you attend alone, without the other party. What you discuss is confidential. The mediator does not report the content of your meeting to the court — only that the meeting took place.
The mediator explains how mediation works, assesses whether it is suitable for your situation, and gives you the information you need to make an informed choice about next steps. If you decide not to proceed with mediation, or if the mediator concludes it is unsuitable, your FM1 certificate is issued and you can proceed with your court application.
The FM1 certificate is typically issued within 24 to 48 hours. Online MIAM appointments are available from FMC-accredited providers and can often be arranged within a few days.
The practical reality: A MIAM is approximately one hour of your time. It commits you to nothing beyond attending. The fastest route to your court application — in almost every case — runs through the MIAM, not around it.
What Would You Like to Know?
What Happens If You Skip a MIAM?
The procedural, legal, and costs consequences of bypassing the MIAM requirement.
Read moreCan You Go Straight to Court Without Mediation?
The exemption categories that allow direct court applications — and what evidence is required.
Read moreCan You Refuse Mediation?
Whether there is any genuine opt-out from the process and what refusal costs you.
Read moreWhat Happens If You Claim a MIAM Exemption?
What happens after you tick an exemption box — including what the court does with the claim.
Read moreDo Both Parties Need to Attend a MIAM?
How individual MIAM appointments work and what happens if one person refuses.
Read moreDo You Need Mediation Before Applying for Divorce?
Whether the MIAM requirement applies to divorce applications — and when it does.
Read moreIs mediation compulsory in the UK before going to court?
In England and Wales, attending a MIAM before most family court applications is a legal requirement under the Family Procedure Rules 2010. This is not the same as being compelled to mediate — the MIAM is a short individual meeting to consider whether mediation is suitable. Mediation itself remains voluntary.
What is the difference between a MIAM and mediation?
A MIAM is a short individual meeting with an accredited mediator — typically 45 to 60 minutes — to assess whether mediation is suitable. Mediation is the structured negotiation process that follows if both parties agree. The MIAM is legally required before most court applications; mediation itself is voluntary.
What happens if you go to court without attending a MIAM?
If you apply to a family court without a MIAM certificate and without a valid exemption, the court will ordinarily refuse to issue proceedings. The court may also adjourn the case and direct you to attend a MIAM before continuing. Attempting to bypass the requirement consistently creates delay rather than saving time.
Next Steps: The Quickest Route to Court Runs Through the MIAM
If you need to make a family court application, booking a MIAM now is the most efficient path forward. An online appointment can typically be arranged within a few days and lasts around 45 to 60 minutes.
If you believe you may qualify for an exemption, you can raise this with the mediator when you first make contact — they can advise on whether your circumstances qualify, without obligation.
Either way, the MIAM is the starting point. Everything else follows from there.
You may also want to learn about:
Ready to Arrange Your MIAM?
The quickest way to meet the MIAM requirement is to book your appointment online — often available within a few days, no commitment beyond attending.
Arrange Your MIAM OnlineDelivered by qualified family mediators in line with UK mediation standards.
Many people begin by understanding what they need to do — not by committing to anything.
A MIAM is a short individual meeting. It commits you to nothing beyond attending.
What to do next
What If You Skip a MIAM?
The procedural and financial consequences of bypassing the requirement.
Read moreCan You Go Straight to Court?
Whether an exemption applies to your situation — and what evidence you need.
Read moreCan You Refuse Mediation?
Whether there is any genuine opt-out from the MIAM process.
Read more