Out of Court Settlement and Mediation Information and Assessment Meeting (MIAM)

Litigation gets people irate and often rightly. Nevertheless there is no certainty, and it is often worthwhile considering an out of Court settlement even if you do not get all that you want.

Far better to “split the difference” with your opponent and go down to the pub for a stiff drink and to put it behind you, than risk more stress and expense in going through with a full Court hearing.

This is not weakness but good commercial sense.

If you are involved in litigation and want to talk settlement take expert legal advice at an early stage.

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Mediation Information and Assessment Meeting (MIAM)

Before filing an application for a Children Act Order, an applicant has to attend a Mediation Information and Assessment Meeting (MIAM).

Normally this is a complete waste of time and worse because judges like the status quo, in the case of a father seeking contact with his children, can positively make his case more difficult.

There are exceptions such as when there is evidence of domestic violence but one cannot just dismiss the need to attend the meeting out of hand, the frustrating time-consuming and boring it is, and however uses the exercise

Upon filing a claim a judge, without a hearing and in effect sitting in his office in the Court (called ‘box work’) can order the applicant to attend an MIAM meeting unless a good reason is given.

The rules do cover it and the form does not provide a space, but good practice is to attach the reasons for not attending a mediation meeting to the application.

This could be because the other side is implacably opposed has refused mediation or for example has a drink or drug problem, or you are frightened of meeting your ex etc.

There may be practical reasons such not being able to leave the children or work and judges will be sympathetic as long as all is explained.

At Hylton-Potts we realise the value of mediation and encourage it to save costs, but also know that there are cases when it is completely inappropriate and merely wastes time, and we can skilfully guide you how to overcome this hurdle at highly competitive fixed fees.

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