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Book a MIAM →What Happens If You Skip a MIAM?
If you apply to a family court in England and Wales without attending a MIAM — and without a valid exemption — your application is likely to be rejected. Here is what actually happens and what your options are.
Key Points
- Without a MIAM certificate or valid exemption, the court will ordinarily refuse to issue your application.
- The court may adjourn proceedings and direct you to attend a MIAM before the case can continue.
- Courts can take a refusal to engage with mediation into account when making costs orders.
- In serious cases, skipping a MIAM and then claiming a false exemption is a contempt of court matter.
- There is no situation in which skipping a MIAM makes a court application easier — it always creates delay.
- The fastest route to court is through the MIAM, not around it.
What the Court Does When There Is No MIAM Certificate
When you submit a family court application, the form requires you to confirm either that you have attended a MIAM or that a recognised exemption applies. If neither is true — if you submit the application without a certificate and without ticking a valid exemption — the court will not issue proceedings.
In practice, this means your application goes nowhere. The court office will return the forms or contact you to resolve the issue before proceedings can begin. This creates delay at the very start of the process.
The court also has the power to adjourn proceedings at a later stage — after initial acceptance — if it becomes apparent that the MIAM requirement was not properly met.
Key point: There is no fast-track through the MIAM requirement. Attempting to bypass it adds time, not saves it.
Can the Court Send You Back to Mediation?
Yes. Under the Family Procedure Rules, the court has specific powers to consider at any stage whether the case is suitable for non-court dispute resolution. Judges can adjourn proceedings to allow parties to attend a MIAM or attempt mediation.
This can happen even mid-proceedings — not just at the point of application. A judge who believes parties have not genuinely attempted to resolve the dispute without litigation may pause the case and direct them to try.
In some courts, there are judicial gatekeeping appointments at which MIAM compliance is specifically reviewed before proceedings are allowed to continue.
Note: Courts increasingly use these powers. The legal culture around dispute resolution has shifted significantly — judges expect parties to have genuinely considered mediation, not just ticked a box.
The Costs Consequences of Skipping Mediation
One of the most significant risks of bypassing the MIAM — or unreasonably refusing to engage with mediation — is a costs order.
Family courts in England and Wales have the power to order one party to pay the other's legal costs. While costs orders are less automatic in family cases than in civil cases, unreasonable conduct — including an unjustified refusal to consider mediation — is a factor the court considers.
This means that even if you ultimately win your case on the substantive issue, the court could order you to pay part or all of the other party's legal costs because of how you handled the mediation question. In contested family cases, legal costs can be tens of thousands of pounds.
Financial risk: An unreasonable refusal to attend a MIAM or to consider mediation is one of the specific factors courts take into account under the cost rules. This is not a theoretical risk — judges do make costs orders on this basis.
What About False Exemption Claims?
Some people attempt to skip the MIAM by claiming an exemption they are not entitled to. This is a serious matter.
The Family Procedure Rules require the applicant to sign a statement of truth confirming that the exemption claim is accurate. A false statement of truth is a contempt of court — a matter that can result in a fine or, in the most serious cases, imprisonment.
Courts are alert to unfounded exemption claims, particularly where the circumstances described do not appear to match the evidence in the case. If a false exemption is identified, it can affect the applicant's credibility across the entire proceedings.
Important: Claiming a MIAM exemption you are not entitled to is not a shortcut — it is a risk that can seriously damage your position in proceedings.
What Are Your Options If You Have Already Applied Without a MIAM?
If you have already submitted an application without a MIAM certificate and the court has raised it as an issue, there are two realistic paths:
Your options:
- Attend a MIAM now. Contact an FMC-accredited mediator, book an appointment, and obtain your FM1 certificate. This is almost always the fastest resolution. Online appointments can typically be arranged within a few days.
- Establish a valid exemption. If you genuinely qualify for an exemption — for example, if domestic abuse is involved — gather the required evidence and resubmit the exemption claim with proper documentation.
In either case, resolving the issue promptly minimises delay to the proceedings.
Practical advice: Do not delay in addressing a MIAM compliance issue. The longer proceedings are stalled, the more the costs mount — for both parties.
Next Steps: The Fastest Route Is Through the MIAM
If you have not yet attended a MIAM and need to make a family court application, the most efficient thing you can do is book one now. Online appointments are often available within 24 to 48 hours. The FM1 certificate is issued by the mediator shortly after, and you can include it with your application.
Attempting to find a route around the MIAM requirement consistently takes longer than simply attending the appointment. The meeting itself takes around 45 minutes to an hour and does not commit you to anything beyond receiving your certificate.
If you believe an exemption applies, speak to an accredited mediator or family solicitor before submitting your application to make sure you have the evidence you need.
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