When family mediation is not suitable

Mediation is encouraged before many family applications — but it is not always safe or realistic. Here is when exemptions and alternatives apply.

Most private family court applications require a MIAM first unless an exemption applies. Understanding those exemptions protects people who should not be pushed into joint negotiation.

Common exemptions

  • Evidence of domestic abuse
  • Urgency — for example risk to a child or risk of removal from the jurisdiction
  • Bankruptcy or certain insolvency situations in financial cases
  • Where a mediator confirms mediation is not suitable
  • Where the other party fails to attend a MIAM without good reason

Safety comes first

If you feel unsafe, prioritise protective steps — including non-molestation or occupation orders where appropriate — before any joint dispute resolution. You do not have to mediate with someone who has abused you.

When to get advice

Tell us briefly what has happened. We can confirm whether a MIAM exemption is likely and what protective or court options may be available.

Next step

Tell us about your matter

A short enquiry is enough to start. We will confirm whether we can help and what a clear, fixed-fee scope could look like.