Can You Get a MIAM Certificate If the Other Person Refuses to Attend?

MIAM Certificates If the Other Person Refuses: If the other person refuses to attend a MIAM, it can feel like you are stuck before you have even started. You need to make a court application, you know a MIAM certificate is required, but the other person will not engage. What happens next?

The good news is that this is one of the most commonly asked questions we get at London Mediation Service, and the answer is straightforward: you can still get your certificate. In this guide, we will explain how the MIAM process works when the other person refuses to attend, what your mediator needs to do, and how to move your case forward.

How Does the MIAM Process Work When There Are Two People?

A common misconception is that both parties attend the same MIAM together. They do not. A Mediation Information and Assessment Meeting (MIAM) is an individual appointment. You attend yours, and the other person attends theirs, usually with the same mediator but at a different time.

The purpose is for the mediator to explain how mediation works, assess whether it is suitable for your situation, and consider whether any exemptions apply. It is not a joint session and it is not an opportunity for the other person to hear your side of things.

This matters because it means the other person’s behaviour does not prevent you from completing your MIAM and obtaining your certificate. Your MIAM is your appointment. If they refuse to come to theirs, that is recorded, and the mediator can still proceed.

What Happens If the Other Person Refuses Their MIAM?

Once you have attended your own MIAM, your mediator will invite the other party to attend theirs. This is usually done by letter, email, or phone. They are given a reasonable period, typically two weeks, to respond and book an appointment.

If the other person refuses, ignores the invitation, or cannot be contacted after reasonable attempts, the mediator will record this and issue you a MIAM certificate. The certificate will indicate that mediation was considered and invited but could not proceed because the other party did not attend.

This satisfies the requirement under the Children and Families Act 2014 that applicants consider mediation before making certain family court applications. The family court accepts this certificate as confirmation that the pre-application requirement has been met.

MIAM Certificates If the Other Person Refuses: What Does the Certificate Actually Say?

The MIAM certificate is a Form FM1. Your mediator completes this after the assessment process. It confirms that you attended a MIAM with an accredited mediator, that the mediator invited the other party, and that mediation could not proceed. The specific reason, whether refusal, non-response, or another factor, is recorded.

You do not need the other person to sign anything. The certificate belongs to you and is submitted with your court application.

How Long Does the Invitation Process Take?

After your own MIAM, your mediator will contact the other party. In most cases, they are given around 14 days to respond. If there is no reply after a reasonable number of attempts, typically two or three contacts, the mediator can reasonably conclude that the other party is unwilling to engage and proceed with issuing your certificate.

In urgent cases, particularly where a child’s welfare is at risk or there is an immediate safeguarding concern, this timeline can sometimes be shortened. If you need things to move faster, it is worth discussing the urgency with your mediator at your MIAM appointment, or booking an urgent online MIAM so the process starts straight away.

Are There Situations Where You Can Skip the MIAM Altogether?

There are a number of MIAM exemptions that allow you to make a court application without attending a MIAM first. These include situations involving domestic abuse, a risk of harm to a child, urgency, or where the other party is based abroad.

However, claiming an exemption incorrectly can cause problems later in proceedings. Judges in London family courts are experienced and well-versed in MIAM requirements. If you are in any doubt about whether an exemption genuinely applies to you, attending your own MIAM is almost always the more sensible approach. It is a relatively quick appointment, and it removes any risk of a judge questioning whether you followed the correct process.

If you are unsure whether you qualify for an exemption, our MIAM calculator can give you an initial steer.

What If the Other Person Attends the MIAM But Refuses Mediation?

This is a slightly different situation. If the other person does attend their MIAM but then says they are not willing to try mediation, the mediator will note this and issue your certificate confirming that mediation was assessed but is not suitable or not agreed to proceed.

Again, this gives you the certificate you need. The court does not require both parties to agree to mediation, only that it was properly considered. Mediation is a voluntary process, and it cannot be forced on anyone.

It is worth knowing that the court may still ask parties at a first hearing whether mediation could be reconsidered at a later stage, particularly in children proceedings. Judges in London have a wide range of tools available to them and will often encourage parties to return to mediation even after proceedings have started.

What Types of Court Application Require a MIAM Certificate?

The requirement to attend a MIAM applies to most private family law applications, including:

• Child arrangements applications, made using a C100 form, where parents cannot agree on where a child lives or how much time they spend with each parent
• Financial remedy applications, made using a Form A, for financial matters on divorce or separation
• Applications relating to property and finances between cohabiting couples
• Certain other private law applications under the Children Act 1989

Public law proceedings, enforcement applications, and certain urgent applications are treated differently. For the vast majority of private disputes, however, a MIAM certificate is a compulsory step before the court will accept your application.

Step-by-Step: Getting Your MIAM Certificate When if the Other Person Refuses

Here is how the process works in practice:

Step 1: Book your own MIAM. Contact London Mediation Service or book a MIAM online through Mediate UK. Your appointment is yours alone. You do not need the other person to agree to this.

Step 2: Attend your MIAM. The mediator will explain what mediation involves, ask some questions about your situation, and assess whether it is appropriate. This usually takes 45 to 90 minutes.

Step 3: The mediator invites the other party. After your MIAM, the mediator contacts the other person, usually by letter and email, inviting them to attend their own MIAM. You do not need to do this yourself.

Step 4: The other person refuses or does not respond. If they decline or cannot be reached after reasonable contact attempts, the mediator records this.

Step 5: Your certificate is issued. The mediator completes and signs a Form FM1, confirming that you attended a MIAM and that mediation could not proceed. You can now submit your court application.

Can the Court Penalise Someone for Refusing a MIAM?

The court does have powers to take into account a party’s unreasonable refusal to engage with mediation. Under the Family Procedure Rules, a judge can consider whether a party has acted reasonably in refusing alternative dispute resolution and, in some circumstances, this can influence costs decisions.

This is more relevant in financial remedy proceedings, where costs sanctions for unreasonable conduct are more commonly applied. In children proceedings the focus tends to remain on the child’s best interests rather than on penalising either parent, though a judge may still comment on a party’s unwillingness to mediate.

For you, the practical take-away is simply this: attending your own MIAM demonstrates to the court that you have engaged with the process in good faith. It is a positive step that reflects well on you, regardless of what the other person chooses to do.

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