Non Court Dispute Resolution
IMPORTANT NOTICE:
Before filing a court application in Family Court, it is a legal requirement to attend a MIAM (Mediation Information Assessment Meeting) with a trained mediator who will give you a certificate to say that you have attended the meeting. You can attend a MIAM either in person or online. You do not have to go through with mediation and your ex partner does not have to attend the MIAM for you to be able to get your certificate.
A MIAM is a meeting with an authorised family mediatior to find out more about:
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mediation
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other options to resolve your dispute without needing to go to court
There are special exceptions set out by the Family Procedure Rules 2010 (Part 3) and Practice Direction (3A, Sections 13–20) for not having to attend a MIAM, which you will tick on your C100 form and can be found on the government's website:
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MIAM exemptions
Your options outside of court.
The court process can be overwhelming, costly and stressful. It is a legal requirement to attend a MIAM with a trained and certified mediator to find out your options for resolving your issues before making an application to court. It is important to know that at ANY stage of the court process, the judge may decide that returning to mediation or another form of NCDR may be appropriate. If mediation or NCDR is not appropriate for you to try with your ex partner, you have the opportunity to state this on your C100 and C1A forms.
What Happens in a MIAM?
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The mediator explains what family mediation is and how it works.
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You can share your situation safely, including any worries about abuse or safeguarding.
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The mediator will assess whether mediation is appropriate and safe for you and your children.
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If mediation isn’t suitable, the mediator can sign a form (FM1), allowing you to proceed with a court application.
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You don’t have to agree to mediation after a MIAM, it is only an information session.
MIAM Costs
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On average, a MIAM costs between £90-£150 per person.
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If you are eligible for legal aid the MIAM is free, the first mediation session may also be free.
In the MIAM you will be told about different types of mediation, which are detailed below. If they are not appropriate for your situation, the mediator can issue you a certificate to say you have attended a MIAM and you can proceed to court without having to mediate with your ex partner.
Arbitration
Can:
Provide a trained, independent arbitrator to make a legally binding decision, similar to a judge, on your issues.
Keep matters confidential and outside public court.
Resolve disputes faster than the courts.
Can't:
Handle cases involving serious safeguarding risks such as domestic abuse or domestic violence.
Be appealed easily compared to the court process.
Be accessed without paying arbitrator's fees.
Collaborative Law
Can:
Allow your solicitor and you ex- partner's solicitor to negotiate in a structured meeting outside of court.
Allow you to reach agreements that can be converted into court orders without appearing before a judge.
Allow your solicitor to give legal advice as discussions happen in the meeting.
Can't:
Go ahead if one party refuses to participate as this process relies on goodwill and co-operation.
Continue with the same solicitors if you and your ex-partner cannot reach an agreement.
Guarantee reduced costs as solicitors are paid hourly.
Mediation
Can:
Provide a trained mediator to conduct the discussions between you and your ex partner. This can be conducted online, in person or through 'shuttle mediation' where the mediator speaks to you individually and passes information between you.
Provide a space to discuss issues and come to agreement on child arrangements, finances and housing without having to go to court.
A 'Memorandum of Understanding' can be provided to court if you have come to some agreements before court.
Can't:
Force either party to agree to decisions.
Make legally binding decisions without converting into a court order. You would need to apply to court for an order.
Allow either you or your ex partner to speak about the decisions made in mediation. The discussions in mediation are treated 'without prejudice', which means the notes cannot be used as evidence in court and as stated by the Family Mediation Council Code of Practice (2021) the mediator cannot be called to give evidence unless there is a serious safeguarding concern.
Early Neutral Evaluation
Can:
Provide an experienced lawyer or retired judge to give an independent opinion on the likely court outcome.
Give a realistic view of how a court might decide and provide an opportunity to settle before formal proceedings.
Resolve disputes faster than the courts.
Can't:
Make the agreements legally binding unless both parties are willing to settle.
Always reduce costs, the process can range between £2000-£6000 per session.
Parenting Agreement
Can:
Give you and your ex partner a clear, written agreement on how you will manage your child(rens) care and your shared responsibilities, without having to pay for a solicitor or mediation.
Allow you to flexibly agree as many issues as you wish, including day to day arrangements, holiday schedules, schooling and special occasions. These can be adapted when necessary.
Help set clear expectations for each parent and reduce misunderstanding and foster better co-parenting and communication.
Be used as evidence of co-operation in court if you need to submit an application later on.
Can be legally binding by converting the agreement into a Child Arrangements Order, via a C100 form. The fee for this is £232.
Can't:
Be legally binding. If your ex partner refuses to meet the expectations in the agreement or does not fulfil the agreements e.g dates for holidays or school pick ups, you cannot report them to court.
Stop the other parent making unilateral (without your agreement) decisions unless the agreement is turned into a court order.
Parenting Plan
Can:
Provide a structured and detailed plan that is endorsed by CAFCASS, that covers day to day arrangements, health, financial matters and holiday care.
Show that you have used an approved court template to design your shared parenting responsibilities if you have to go to court in future.
Can be legally binding by converting the plan into a Child Arrangements Order, via a C100 form. The fee for this is £232.
Can't:
Force either party to agree to decisions.
Make legally binding decisions without converting into a court order.
Resolve high conflict or safeguarding issues. For these to be resolved you would need to submit a C100 form and C1A form to court.