Do I Need a MIAM for a C100 Form?

Fact checked by Jess Knauf, Director of Client Strategy, 19th January 2026

If you’re considering applying to the family court using a C100 form, you’ve probably heard that you need something called a MIAM first. But do you really need a MIAM for a C100 form? Can you apply for C100 without mediation? What if your situation is urgent, or there’s been domestic abuse?

This comprehensive guide answers all your questions about MIAM requirements for C100 applications. We’ll explain what a MIAM is, when you must attend one, the exemptions that apply, and what happens if you try to submit your application without the proper MIAM certificate. By the end, you’ll know exactly what you need to do before making your court application.

Do I Need a MIAM for a C100 Form?

Yes, in almost all cases, you must attend a MIAM before submitting a C100 form. This is a legal requirement under the Children and Families Act 2014, which came into force in April 2014.

If you try to submit a C100 form without either a valid MIAM certificate or evidence of a qualifying exemption, the family court will reject your application and return it to you. This will delay your case by weeks or even months, so it’s important to understand the MIAM requirement from the start.

What is a MIAM?

A MIAM (Mediation Information and Assessment Meeting) is a meeting with an accredited family mediator before you apply to court. It’s designed to:

• Explain how family mediation works and what it involves
• Assess whether mediation could help resolve your dispute without needing court proceedings
• Explore alternative dispute resolution options
• Provide information about other support services available
• Determine whether you’re exempt from attending a MIAM
• Issue a MIAM certificate if mediation isn’t suitable or doesn’t proceed

The MIAM typically lasts 45 minutes to an hour and costs between £120 and £150. You may qualify for Legal Aid to cover this cost if you’re on certain benefits or have a low income.

The Legal Requirement

The Children and Families Act 2014 introduced mandatory MIAMs for most family court applications. Section 10 of the Act states that before making certain family applications, you must attend a MIAM to consider family mediation and other forms of non-court dispute resolution.

This applies specifically to applications for:

• Child Arrangements Orders – deciding where children live and who they spend time with
• Prohibited Steps Orders – preventing certain actions like relocating with a child
• Specific Issue Orders – resolving specific disputes about a child’s upbringing
• Variations or enforcement of existing orders

All of these applications require a C100 form, and all require MIAM attendance unless you’re exempt.

Can I Apply for C100 Without Mediation?

You cannot skip the MIAM requirement entirely, but you may be exempt from attending if certain circumstances apply. It’s important to understand the difference between attending a MIAM and actually proceeding with mediation.

MIAM vs. Mediation: Understanding the Difference

Many people confuse the MIAM with mediation itself, but they’re different things:

MIAM (the initial meeting):

• A single one-hour meeting with a mediator
• Legally required before applying to court (unless exempt)
• You attend alone (the other party attends separately if they agree)
• The mediator assesses suitability for mediation
• You receive a certificate for your C100 application

Mediation (the full process):

• Multiple sessions (typically 3-5) to resolve your dispute
• NOT legally required, it’s voluntary
• Both parties attend together (or in separate rooms if preferred)
• You work towards reaching an agreement
• Can end at any time if it’s not working

So whilst you must attend the MIAM, you don’t have to proceed with full mediation. You can apply for a C100 form without completing mediation, as long as you’ve attended the MIAM and received your certificate.

“We see many people who arrive at their MIAM appointment expecting to be forced into mediation against their will. That’s not how it works. The MIAM is simply an information meeting where we explain the process and assess whether mediation could help. If it’s not suitable, or if you don’t want to proceed, we’ll provide your certificate so you can apply to court. There’s no pressure.”

— Jess Knauf, Director of Client Strategy at Mediate UK

When You Don’t Need a MIAM: Complete Guide to Exemptions

You can apply for a C100 form without attending a MIAM if you qualify for one of the specific exemptions set out in the Family Procedure Rules. These exemptions are clearly defined and you’ll need to provide evidence in Section 9 of your C100 form.

1. Domestic Abuse Exemptions

If there has been domestic violence or abuse between you and the other party, you’re exempt from the MIAM requirement. However, you must have evidence dated within the last five years (or within the last two years for certain types of evidence).

Acceptable evidence includes:

• A relevant criminal conviction, caution, or ongoing criminal proceedings
• A relevant police caution for a domestic abuse offence
• Evidence of ongoing criminal proceedings for domestic abuse
• A protective injunction that’s currently in force or was in force within the last two years
• An undertaking given to the court about domestic abuse within the last two years
• A finding of fact in previous family proceedings that domestic abuse occurred
• A letter from a domestic abuse support service confirming you’re a victim (dated within the last two years)
• A letter from a GP, health visitor, or other health professional confirming injuries consistent with domestic abuse
• A letter from social services confirming domestic abuse
• Evidence that you’ve been referred to a multi-agency risk assessment conference (MARAC)
• A letter from legal proceedings related to domestic abuse

The evidence must be specific and dated. Simply stating that domestic abuse occurred without evidence won’t qualify you for the exemption.

2. Child Protection Concerns

You’re exempt from attending a MIAM if:

• The child who is the subject of the application is currently the subject of child protection enquiries, a child protection plan, or is in local authority care
• There are ongoing Section 47 investigations by children’s services
• The child is subject to an emergency protection order

You’ll need to provide evidence from the local authority or social services confirming the child protection involvement.

3. Urgency Exemptions

You’re exempt if your application is urgent because:

• There’s a risk that the child will be unlawfully removed from the UK
• There’s a risk of a miscarriage of justice if mediation takes place
• There’s a risk of harm to the child or unreasonable hardship if the application is delayed
• There’s a risk that the child’s welfare will be significantly compromised
• The application is being made without notice (the other party isn’t being informed in advance)

In urgent cases, you’ll need to explain in your C100 application why the matter is urgent and what harm would occur if you had to wait for a MIAM.

4. Previous MIAM Attendance

You don’t need to attend another MIAM if:

• You attended a MIAM within the last four months
• The other party attended a MIAM within the last four months and you have evidence of this

This exemption recognises that if you’ve recently attended a MIAM, you’ve already been given information about mediation and it would be pointless to attend again so soon.

5. Contact and Availability Exemptions

You’re exempt if:

• The other party is outside England and Wales
• You don’t have sufficient contact details for the other party to enable the mediator to contact them
• The other party cannot be contacted because they’re in prison, a hospital, or other institution
• The other party has been contacted by the mediator but has not responded within 14 days
• The other party has responded to the mediator but has refused to attend a MIAM

For these exemptions, you’ll need evidence from the mediator confirming they attempted to contact the other party and what happened.

6. Capacity and Vulnerability Exemptions

You’re exempt if:

• The other party lacks the mental capacity to participate in mediation
• You lack the mental capacity to participate in mediation
• The other party is under 18 years old (unless they would be a protected party)

You’ll need medical evidence or evidence of a Court of Protection order regarding lack of capacity.

7. Financial Exemptions

You’re exempt if:

• You have a current Legal Aid certificate for mediation or legal representation
• You’ve applied for Legal Aid and the application hasn’t been determined yet

8. Previous Application Exemptions

You’re exempt if:

• Your application is to vary, discharge, or enforce an existing order
• Both parties consent to the order being made
• There’s already an ongoing application relating to the same child

Want to find out if you need a MIAM before submitting your C100 Application? Use our FREE MIAM CALCULATOR here.

How to Get a MIAM Certificate for Your C100 Form

If you don’t qualify for an exemption, you’ll need a MIAM certificate signed by an accredited family mediator before you can submit your C100 form.

Step 1: Find an Accredited Mediator

You must use a mediator who is accredited by the Family Mediation Council (FMC). Only FMC-accredited mediators can provide valid MIAM certificates for court applications.

You can find accredited mediators through:

• The Family Mediation Council website
• National Family Mediation
• Resolution (solicitors specialising in family law)
• Local mediation services in your area

Step 2: Book Your MIAM Appointment

Contact the mediator to book your MIAM appointment. Most mediators can offer appointments within a few days to two weeks. If your matter is urgent, some services can arrange MIAMs within 24-48 hours.

When booking, you’ll need to provide:

• Your contact details
• Brief details of your situation
• The other party’s contact details (so the mediator can invite them to attend)
• Payment details (or Legal Aid reference if applicable)

Step 3: Attend Your MIAM

The MIAM appointment typically lasts 45 minutes to one hour. You’ll attend on your own initially, the other party attends a separate appointment if they agree to participate.

During the MIAM, the mediator will:

• Explain how mediation works
• Discuss your situation and the issues in dispute
• Assess whether mediation would be appropriate and safe
• Explain the court process if mediation isn’t suitable
• Check for any exemptions that might apply
• Provide information about other support services

Step 4: Receive Your MIAM Certificate

At the end of the MIAM, if you’re not proceeding with mediation, the mediator will provide you with a signed MIAM certificate. This is the document you need for your C100 form.

The certificate includes:

• The mediator’s signature and accreditation details
• Confirmation that you attended the MIAM
• The date of attendance
• A unique reference number

The mediator will sign Section 9 of your C100 form or provide a separate certificate that you attach to your application. Many mediators can email this to you immediately, allowing you to submit your court application without delay.

What If the Other Party Won’t Attend?

The mediator must make reasonable attempts to contact the other party and invite them to attend a MIAM. If the other party:

• Cannot be contacted within 14 days
• Refuses to attend
• Doesn’t respond to the invitation

You can still get your MIAM certificate. The mediator will note on the certificate that the other party was invited but didn’t attend, and you can proceed with your court application.

“We always try to engage both parties in the MIAM process because when both parents understand mediation as an option, there’s a much better chance of resolving matters without court. However, if one party refuses to engage or can’t be contacted, we’ll still provide the MIAM certificate to the person who did attend so they can proceed with their application.”

— Jess Knauf, Director of Client Strategy at Mediate UK

What Happens at a MIAM?

Understanding what to expect at your MIAM can help reduce anxiety about the process.

Before the MIAM

Before your appointment, you may be asked to complete a brief questionnaire about your situation. This helps the mediator prepare for the meeting and use the time efficiently.

During the MIAM

The mediator will:

1. Introduce themselves and explain confidentiality – What’s discussed remains confidential, with limited exceptions for safeguarding concerns
2. Explain what mediation is and how it works – Including the structure of sessions, what can be discussed, and how agreements are reached
3. Discuss your situation – What are the issues? What orders are you considering applying for?
4. Screen for domestic abuse and safeguarding concerns – Using specific questions to assess whether mediation would be safe
5. Explore suitability for mediation – Would mediation be appropriate? Are both parties willing to try it?
6. Explain alternatives to mediation – Including collaborative law, arbitration, and direct negotiation
7. Provide information about the court process – What happens if you proceed with a C100 application
8. Answer your questions – About mediation, the MIAM, or the court process

After the MIAM

At the end of the MIAM, one of three things will happen:

1. You decide to proceed with mediation – The mediator will arrange joint mediation sessions
2. Mediation isn’t suitable – The mediator provides your MIAM certificate for court
3. You’re exempt from mediation – The mediator notes the exemption and provides your certificate

How Much Does a MIAM Cost?

The cost of a MIAM varies depending on the mediation service you use, but typically ranges from £120 to £150 for a one-hour appointment.

Legal Aid for MIAMs

You may qualify for Legal Aid to cover the cost of your MIAM and any subsequent mediation sessions. Legal Aid is available if:

• You’re on certain benefits (like Income Support, income-based Jobseeker’s Allowance, or Universal Credit)
• Your income is below a certain threshold (currently £2,657 per month before tax)
• You have limited savings or capital

Automatic eligibility for Legal Aid:

If there’s been domestic abuse and you have evidence (as outlined in the exemptions section), you automatically qualify for Legal Aid for family mediation, regardless of your income or savings.

To apply for Legal Aid, contact a mediator who offers Legal Aid services. They’ll help you complete the application and assess your eligibility.

What If I Can’t Afford the MIAM?

If you can’t afford the MIAM fee and don’t qualify for Legal Aid:

• Some mediation services offer reduced fees for people on low incomes
• You can apply for court fee exemption when you submit your C100 (but you still need to pay for the MIAM)
• Consider whether Legal Aid for court proceedings might be available if you have evidence of domestic abuse

What If You Submit a C100 Without a MIAM Certificate?

If you submit your C100 form without either a valid MIAM certificate or evidence of a qualifying exemption, the court will take one of these actions:

1. Reject the application outright – The court returns your application and fee, requiring you to attend a MIAM first
2. Ask for further information – If your exemption claim is unclear, the court may request additional evidence
3. List a preliminary hearing – In rare cases, the court may schedule a hearing to determine whether you’re exempt

In all cases, this delays your application by several weeks, so it’s much better to get your MIAM certificate or properly document your exemption from the start.

How to Complete Section 9 of the C100 Form (MIAM Information)

Section 9 of the C100 form is where you provide information about your MIAM attendance or exemption. This is the most important section for MIAM requirements.

If You’ve Attended a MIAM

You’ll need:

• The mediator’s full name and contact details
• The mediator’s Family Mediation Council membership number
• The date you attended the MIAM
• The mediator’s signature confirming your attendance

The mediator will sign the relevant section of your C100 form directly.

If You’re Claiming an Exemption

You must:

1. Tick the relevant exemption category in Section 9
2. Provide a clear explanation of why you believe you’re exempt
3. Attach supporting evidence (where required)

Be specific. For example, if claiming domestic abuse exemption, don’t just tick the box, also explain what evidence you have and attach it to your application.

Common Mistakes in Section 9

• Claiming exemption without evidence – Simply ticking a box isn’t enough; you need documentation
• Using an expired MIAM certificate – Certificates older than four months may not be valid
• Using a non-accredited mediator – Only FMC-accredited mediators can provide valid certificates
• Incomplete mediator details – Make sure all required information is included and legible

Benefits of Attending a MIAM (Even If You Don’t Want Mediation)

Even if you’re certain you want to go to court and not pursue mediation, attending the MIAM still has benefits:

1. Legal Compliance

You fulfill the legal requirement, allowing you to proceed with your court application without delay or rejection.

2. Information and Understanding

You gain a clear understanding of:

• How mediation actually works (it might be different from what you expected)
• What the court process involves and how long it takes
• The likely costs of court proceedings
• Alternative options you might not have considered

3. Professional Assessment

The mediator can provide an objective assessment of your situation and whether mediation genuinely wouldn’t work, or whether it might be worth trying.

4. Opportunity for the Other Party

Even if you’re not interested in mediation, the other party might be. The MIAM gives them the chance to learn about it and potentially agree to try it, which could save you both time and money.

5. Foundation for Future Cooperation

Even if mediation doesn’t happen now, having both parties attend a MIAM creates a foundation. If circumstances change later, you’ll both already understand the process.

“We’ve had many parents arrive at their MIAM absolutely certain they’re going to court, only to change their minds once they understand how mediation works and realise it’s not what they expected. Sometimes just having that neutral conversation with a mediator helps people see possibilities they hadn’t considered. Even when mediation doesn’t proceed, people tell us the MIAM was valuable for understanding their options.”

— Jess Knauf, Director of Client Strategy at Mediate UK

Why Was the MIAM Requirement Introduced?

Understanding why MIAMs became mandatory can help you appreciate their purpose.

Reducing Court Congestion

The family courts in England and Wales were (and still are) significantly overburdened. Many cases that reach court could be resolved through mediation, freeing up court time for cases that genuinely need judicial determination.

Better Outcomes for Families

Research consistently shows that agreements reached through mediation:

• Are more likely to be followed voluntarily
• Result in less ongoing conflict between parents
• Are better for children’s wellbeing
• Are more flexible and tailored to family needs
• Maintain better long-term co-parenting relationships

Cost Savings

Court proceedings are expensive for families and the justice system. Mediation typically costs £600-£1,000 total compared to £5,000-£15,000+ for court proceedings.

Faster Resolution

Mediation typically takes 2-3 months from start to finish, whilst court proceedings take 6-12 months or longer. For families in dispute, faster resolution means less prolonged stress and uncertainty.

What Happens If Mediation Doesn’t Work?

If you attend your MIAM, decide to try mediation, but it doesn’t result in an agreement, you can then apply to court using your C100 form.

The mediator will provide you with a certificate confirming that:

• You attended mediation sessions
• Mediation has broken down or concluded without agreement
• You’re now entitled to apply to court

There’s no penalty or negative consequence for trying mediation and it not working. The court actually views it positively that you attempted to resolve matters cooperatively before seeking judicial intervention.

MIAM Timeline: How Long Does It Take?

Understanding the timeline can help you plan your court application:

Typical MIAM Timeline

1. Day 1 – Contact mediator and book MIAM appointment
2. Days 2-14 – Wait for your MIAM appointment (can be faster if urgent)
3. Day of MIAM – Attend 45-60 minute appointment
4. Same day – Receive MIAM certificate if not proceeding with mediation
5. Within 4 months – Submit your C100 form (certificate is valid for 4 months)

If Proceeding with Mediation

1. Weeks 1-2 – First mediation session scheduled
2. Weeks 2-8 – Typically 3-5 mediation sessions over 2-3 months
3. End of mediation – Either reach agreement or receive certificate to apply to court

Special Circumstances and Common Questions

What If There Are Multiple Applicants?

If more than one person is applying (for example, both parents applying together for a consent order), only one needs to attend a MIAM. However, both should attend separate MIAMs if they’re not in agreement.

What If I’m Representing Myself?

Being a litigant in person (representing yourself without a solicitor) doesn’t change the MIAM requirement. You still must attend unless you’re exempt.

What If I’ve Already Started Court Proceedings?

If you’re applying to vary or enforce an existing order, you’re exempt from attending another MIAM. The MIAM requirement only applies to the initial application.

What If My Situation Changes After the MIAM?

Your MIAM certificate remains valid for four months after the date of attendance. If your situation changes during this time (for example, you develop an exemption), you can note this on your C100 form.

Can I Use the Same MIAM Certificate for Multiple Applications?

No. Each application requires its own MIAM process. However, if you attended a MIAM within the last four months, you may be exempt from attending another one for a different application involving the same parties.

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