Mediation assessment rules updated to help divorcing couples

The Family Procedure Rules have been updated to improve the level of attendance by divorcing couples at mediator initial assessment meetings (MIAMs).

The government has introduced the changes because the previous rules were not applied to the extent expected and did not divert couples away from court proceedings and towards mediation to the degree that had been intended.

MIAMs are meetings where an accredited mediator provides couples with information on settling their dispute out of court.

Under the current rules, it is a requirement for all prospective divorcees to attend a MIAM, unless an exemption applies.

The principal changes include:

• the independent mediator conducting the MIAM explaining and considering all forms of non-court dispute resolution (NCDR), rather than just mediation. This includes arbitration, evaluation by a third-party and collaborative law
• the procedure relating to MIAMs starting earlier in the application process
• the court having a duty to encourage parties to consider suitable forms of NCDR at all stages of proceedings, particularly between hearings. The courts have the discretion to adjourn hearings to allow for this.

The Law Society welcomed the changes.  A spokesman said: “We agree that supporting parties to settle their cases outside of court and informing them of their options relating to NCDR is important.

“Court should be a last resort because it is expensive, takes longer and can have a significant emotional impact on parties. The updated rules provide an opportunity for parties to explore all the options, including NCDR, in resolving their dispute out of court when attending a MIAM.”

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