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Book a MIAM →What Happens in a MIAM When There Are Safeguarding Concerns?
If domestic abuse or safeguarding concerns are part of your situation, you do not have to navigate this alone. This guide explains what mediators assess, when mediation is unsuitable, and what support is available.
If you are in immediate danger
Please contact the National Domestic Abuse Helpline (free, 24 hours): 0808 2000 247. Or call 999 if you or your children are in immediate danger. The information on this page is for when you are in a safe situation and able to consider your options.
Key points
- Mediators are trained to assess safety and power dynamics at the MIAM and throughout the process.
- If domestic abuse or coercive control is present, the mediator may conclude that mediation is unsuitable.
- This does not mean your case cannot proceed — your FM1 certificate is still issued, noting the unsuitability.
- A MIAM exemption may apply if you have evidence of domestic abuse — allowing you to apply to court without a MIAM.
- Where a statutory safeguarding duty arises, mediators are required to act on it regardless of confidentiality.
- You can be honest with the mediator at your MIAM — it is a private, confidential meeting.
How Mediators Assess Safety at a MIAM
Every MIAM involves a safety screening process. Before a mediator will arrange joint sessions — or in some cases, before they will conclude that the MIAM can proceed at all — they assess whether mediation is safe and appropriate for both parties.
This assessment typically covers: whether either party has experienced domestic abuse, coercive control, or harassment; whether there is a significant power imbalance between the parties that would prevent genuine negotiation; whether either party has safeguarding concerns about a child.
This screening is standard practice for all FMC-accredited mediators. It is not something you have to request — it is built into how the MIAM works. You can be honest about your situation. Your safety is the mediator's first concern.
Your MIAM is confidential: What you say in your MIAM is not shared with the other party or the court — except in the limited circumstances described below. You can speak openly.
When Mediation Is Assessed as Unsuitable
If the mediator concludes that domestic abuse, coercive control, a significant power imbalance, or active safeguarding concerns mean that mediation cannot proceed safely, they will conclude unsuitability. This does not mean your case has failed.
When mediation is assessed as unsuitable, the mediator issues FM1 certificates to both parties. The certificate records that mediation was assessed as unsuitable — not that the parties failed to engage. You can include this certificate with your family court application in the usual way.
Courts understand and accept this outcome. An FM1 certificate noting unsuitability is as valid for court purposes as one following an attempted mediation. You are not disadvantaged for being in a situation where mediation cannot safely proceed.
Important: You are not required to prove abuse to the mediator's satisfaction — the assessment is about whether mediation is safe, not about making a legal finding. If you raise concerns, the mediator will take them seriously.
The MIAM Exemption for Domestic Abuse
If you have evidence of domestic abuse, you may be entitled to apply to court without attending a MIAM at all. This is the domestic abuse MIAM exemption, set out in Practice Direction 3A.
Evidence accepted under this exemption includes: a police caution, arrest, or conviction for a domestic abuse offence; a non-molestation or occupation order; a letter from a GP, health visitor, midwife, or nurse confirming injury or condition consistent with abuse; a referral letter from a domestic abuse support organisation; a letter from a local authority confirming child protection concerns; a referral from a MARAC.
You do not need to have the evidence before you contact a mediator or solicitor — they can advise on what you need and how to obtain it. The MIAM exemption is there specifically to protect people who should not be required to navigate the MIAM process in unsafe circumstances.
When Confidentiality Has Limits
Family mediation is conducted on a without-prejudice basis — what is said in sessions cannot ordinarily be used in court. However, there are important exceptions that apply specifically to safeguarding.
If information disclosed during or related to a MIAM indicates that a child is at risk of harm, the mediator has a statutory duty to report this to the appropriate authority. This duty applies regardless of confidentiality — the safety of a child takes precedence over the privacy of the mediation process.
Similarly, confirmed serious criminal conduct may fall outside the protection of without-prejudice. This is a complex area. If you are concerned about how a specific disclosure might be treated, speak to a family solicitor before your MIAM.
Note: The mediator's duty to report safeguarding concerns about children is a legal obligation — it is not a discretionary choice. This is not a reason to withhold information about abuse directed at you as an adult.
Specialist Support Available to You
You do not have to navigate this alone. A range of specialist organisations can provide guidance, advocacy, and practical support:
National Domestic Abuse Helpline
Free, 24 hours: 0808 2000 247. Run by Refuge. Provides confidential advice and can help with safety planning.
Women's Aid
National charity supporting women and children experiencing domestic abuse. womensaid.org.uk
ManKind Initiative
Support for male victims of domestic abuse: 01823 334 244
Galop
Support for LGBT+ people experiencing domestic abuse: 0800 999 5428
CAFCASS
Where children are involved and court proceedings have started, CAFCASS provides welfare reports and independent representation for children.
Citizens Advice
Free legal and practical guidance on your options — citizensadvice.org.uk
Inclusion here is for information. The Family Mediation Project does not endorse any specific organisation beyond the FMC.
Related Questions
Can you claim a MIAM exemption for domestic abuse?
Yes. Domestic abuse is one of the most widely used MIAM exemptions. If you have evidence — such as a police report, GP letter, or referral from a domestic abuse organisation — you can apply directly to court without attending a MIAM. Evidence requirements are set out in Practice Direction 3A.
What happens if safeguarding concerns come up at a MIAM?
If safeguarding concerns arise, the mediator assesses whether mediation is safe to proceed. Where there is an ongoing risk of harm to a person or child, they will conclude that mediation is unsuitable and issue an FM1 certificate. Where a statutory safeguarding duty arises, the mediator is required to act on it regardless of confidentiality.
Next Steps: Your Safety Comes First
If domestic abuse or safety concerns are part of your situation, please contact a specialist organisation before making decisions about mediation or court proceedings. The National Domestic Abuse Helpline is 0808 2000 247 — free and available 24 hours.
If you are unsure whether you qualify for the MIAM exemption, speaking to a family solicitor or contacting a mediator for an initial consultation (without booking a MIAM) can help you understand your options without commitment.
If it is safe for you to attend a MIAM and you are not sure whether an exemption applies, the mediator's safety assessment at the MIAM will clarify your position. You can be honest about everything you have experienced.
You may also want to learn about:
Ready to Arrange Your MIAM?
When you are ready and it is safe to do so, a MIAM is the first step — and you can take it entirely alone. There is no pressure to proceed beyond the meeting.
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What to do next
MIAM Exemptions
The legal exemption categories that allow you to apply to court without a MIAM.
Read moreAm I Exempt From a MIAM?
Check whether your circumstances qualify for a MIAM exemption.
Read moreWhen Is Mediation Not Suitable?
A full guide to when mediation is assessed as unsuitable and what comes next.
Read more