When relationships break down, emotions can run high and communication often becomes difficult, especially when sensitive issues like making arrangements for children and finances are involved. This is where mediation can play a crucial role, helping separating couples navigate disputes and reach mutual agreements. But what happens if your relationship has involved domestic abuse? Is mediation still a requirement?
At Vollans Mediation, we understand that every situation is unique, and in some cases, mediation may not be appropriate.
What is a MIAM?
Before diving into exemptions, let’s first clarify what a MIAM is. MIAM stands for Mediation Information and Assessment Meeting, which is typically the first step in the mediation process. It’s a legal requirement for anyone seeking to take family matters to court, such as disputes over children, financial arrangements or other related issues. During the MIAM, a mediator will assess whether mediation is suitable for your case.
However, not everyone needs to attend a MIAM. There are certain exemptions, particularly in cases where domestic abuse has been present.
Domestic Abuse and Family Mediation
The idea of sitting down with a former partner to discuss your differences can be daunting at the best of times. For survivors of domestic abuse, it may feel impossible or even unsafe. In such cases, the law recognises that mediation may not be suitable. So, are you required to attend mediation if there’s been domestic abuse? The simple answer is no — if you’ve experienced domestic abuse, you may qualify for a MIAM exemption. This means that you do not need to attend the Mediation Information and Assessment Meeting before applying to the family court. To qualify for this exemption, there are certain criteria you need to meet. All of these are set out on p5 of the C100 court form and include the following:
- Police involvement: If there has been police involvement, such as a criminal conviction, caution, or ongoing investigation related to domestic abuse.
- Protective orders: If you or your children are under the protection of a court order, like a Non-Molestation Order.
- Health professional reports: If a qualified health professional (GP, psychiatrist, etc.) has provided a report confirming that domestic abuse has occurred within the past two years.
- Social services involvement: If social services have been involved due to concerns about domestic violence or child protection issues.
If you’re seeking a MIAM exemption due to domestic abuse, you’ll need to provide evidence that supports your case. This could be in the form of police reports, medical documentation, or court orders.
Is Mediation Ever Appropriate in Cases of Domestic Abuse?
There’s a common misconception that all forms of mediation are entirely off-limits in situations involving domestic abuse. While it’s true that traditional mediation where you sit together may not be appropriate, some forms of mediation, such as shuttle mediation or online mediation, might still be considered, provided that you feel safe and comfortable.
Shuttle mediation allows both parties to remain in separate rooms, and the mediator moves between them, helping to facilitate a resolution. This can be a less confrontational option, especially when safety concerns exist.
Online mediation, with both parties attending from different locations, can also be a more comfortable solution for some. However, these alternatives are only considered if the mediator feels that it’s safe and appropriate.
The key message for anyone who has experienced domestic abuse is that family mediation is a voluntary process. A joint session will only take place if you decide, with a mediator, that mediation is right and safe for you and where appropriate, the right safeguards are in place. Mediators are trained, skilled and experienced in working with families where there has been domestic abuse. Your safety, and the safety of your children will be any mediator’s main concern.
What’s the Next Step?
Mediation can be a highly effective tool for resolving disputes amicably and with less stress. Attending a MIAM is a really good way to understand when it is and isn’t the right option. Your ex-partner will not be present at the MIAM and you can bring a friend or family member to the MIAM for support.
If you have further questions after reading this article, please call 01132133662 to speak with one of our team.