FAMILY MEDIATION AND MIAMS – STATISTICS REVEALED
An astonishing finding has come through a freedom of information request. The charity National Family Mediation (NFM) announced that in 2014-15, only 1 out of 20 applications from a total number of 112,000 private family law applications to the court had followed the statutory rule for the applicant, which that makes it compulsory to attend a Mediation Information and Assessment Meeting (MIAM) first.
This all led to an announcement from NFM that this data clearly implies the failure of the Government’s attempt to keep more families out of court.
In a Mediation Information and Assessment Meeting (MIAM)meeting, a potential court applicant first meets with a mediator on their own in order to address different issues and discuss the benefits of mediation. After the procedure of MIAM is over, the mediator assesses the suitability of the case for the mediation process. If the case seems to be suitable for the same, the potential applicant has to make the decision to proceed with the mediation or not.
The former protocol was changed for making a family application in 2014, where it was made compulsory for potential applicants to first attend a MIAM before proceeding to any court regarding any family matter. Also, there are exceptions to this protocol, for example, in such cases where there has been evidence of domestic violence along with cases involving the social services for child welfare concerns.
Typically, for such phenomenal situations, the test is fairly high and also it is gotten out of the courts to request much formidable proof before waiving the requirement for a MIAM. Therefore, it seems to be fairly surprising that despite such a stringent method, there are numerous situations where parties have been able to travel through the court without embarking on the MIAM initially.
There are a number of family cases that are suitable for the process of mediation. The numbers of cases where there are exceptional circumstances are quite rare.
Litigants often tend to be provided with a large amount of leverage by the court which enables them to not directly follow the rules of an application. Courts have been under criticism that the evidence required is too strict in order to negate a MIAM, rather than being too lax. To find out more click here!
Now there are fewer applications than succeed without the evidence of a MIAM. As per the most recent figures quoted by NFM, 6% of applications had a MIAM in 2015 compared to 1% in 2014. The number appears to be small, but an increment is an encouraging sign.
For whatever reason the protocol is not being followed, the efforts of the Government to keep families out of court have been unsuccessful. The occurrence of new cases in sheer numbers along with unrepresented parties provides strong evidence of this failure.
Clearly, more support from the side of government is required in order to inform, educate, and make people aware of the fact that MIAMs are compulsory so that it is ensured that the law is properly enforced leading to increased delivery of mediation.
Problems Involving Family Disputes Can Be Solved With Family Mediation
Family mediation can be a good way to discuss and resolve various family conflicts, including problems with a partner or children. However, if you and your spouse are unable to resolve conflicts within the family, it is best to get a mediator to help you resolve the problem.
It is possible to hire a mediator of your own if you prefer. However, it is probably best to avoid doing this unless you have someone else with you to represent your interests. The best way to find a mediator who can represent your best interests is to go online.
There are several websites on the internet that specialize in finding a mediator to help you settle your family disputes. Many of these sites also offer assistance when it comes to hiring a mediator for your situation.
Each state has laws governing how a person’s legal representative in family matters should act. A mediator must follow these laws. He or she cannot interfere with your right to a fair trial.
Interaction is very important in between you and your agent. In many cases, it is possible to arrange conferences online to make sure that both of you can talk without also being in the very same area. In some cases, the conference can be over the phone.
It is necessary to be careful about the circumstances under which mediation is performed. One of the most common reasons for having mediation performed is when a divorce case is complicated. When this happens, there is usually a specific number of mediation sessions. Each session is supposed to last about an hour.
During each session, you and your mediator will discuss what needs to be done during the mediation process. You may need to agree to certain decisions or resolve disagreements that you cannot resolve on your own.
When you and your family member to reach a compromise, the mediator can issue a resolution agreement that you and your representative can both agree to. This resolution agreement will state what needs to be done when the case settles.
Your representative or mediator may offer suggestions during the mediation process. These suggestions may be helpful to both parties. They may also be an effort to make sure the parties reach a compromise.
After the mediator has provided his or her recommendation, you and your representatives will meet to discuss the settlement. It is possible to have an attorney present during the meeting as well.
If you don’t have an attorney, try to find one who specializes in divorce law. The attorney will be able to better help you in determining what options are available to you.
Mediation is a good way to settle disputes about your family. It is best to get a mediator to help you when the conflict is not completely out of your control.