Are the new Children and Families Act 2014 provisions generally requiring the applicant to attend a mediation information and assessment meeting (MIAM) really going to make any difference? If the applicant flatly refuses to attend and turns up at the first hearing dispute resolution appointment, surely the judge will get on and deal with the case is the usual way? It would be ludicrous to send everyone away.
The new MIAM provisions differ in major respects from the previous provisions of FPR PD3A by imposing a statutory requirement for the applicant to attend a meeting before issuing their application. There is no power to order participation in mediation after the meeting. Where there has been non-compliance, the application will usually be rejected at counter stage. Even if it gets over the counter, an order can be made against both parties to attend the meeting at allocations stage as it can be made on the first hearing dispute resolution appointment. Any exemption from attending which is claimed by the applicant must be scrutinised at or before the first hearing and, where not validly claimed, an order
