Mediation itself is not compulsory, but a MIAM is in most cases, and both parties should attend it.
You shouldn’t be able to get your case to court without first attending a MIAM, but if you do, the court has the power to adjourn the case while alternative dispute resolution such as mediation is considered.
It’s possible to attend a MIAM by telephone and will typically take place within about 15 days of contacting a mediator – so it doesn’t introduce a delay in proceedings and might help you to reach a resolution much faster through mutual agreement.
There are certain exemptions where a MIAM is not compulsory, but these are usually only in cases where it would be impossible or unreasonable to attend a MIAM.
Examples include if your partner’s whereabouts are unknown or they cannot be contacted, or in cases of domestic abuse (with supporting evidence of this).
In such cases, you will still need to apply to the court for exemption from the MIAM, and the professional opinion of an accredited mediator is valid evidence for this.
Because of this, even if you believe your case is exempt from requiring a mandatory MIAM, it still makes good sense to contact Marcia Mediation, as we will be happy to help you decide if this is the case.