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A lawyer and a mediator have fundamentally different roles. A lawyer partially represents the interests of one party and is authorized to litigate. A mediator, on the other hand, is impartial and guides both parties together toward a solution, without taking sides with one of them.
The lawyer: partisan advocate
A lawyer stands on your side. He protects your interests, advises you, defends you or negotiates on your behalf, and can represent you in court in all matters. The lawyer is therefore by definition partisan: he stands up for your position, not that of the opposing party.
The mediator: impartial mediator
A mediator does not take sides. He is independent and impartial and guides both parties together to reach a joint solution. The mediator does not provide legal advice to one side and does not make decisions, but helps to initiate and maintain the conversation so that the parties can work it out themselves.
When do you choose what?
If you want someone to represent your interests, especially in a bitter dispute or legal proceedings, you need a lawyer (or legal expert). If you wish to resolve a conflict together while preserving the relationship — for example, between business partners, in an employment dispute, or during a divorce — then mediation can be the better, faster, and cheaper route.
Sometimes both
The two are not mutually exclusive. You can also seek legal advice regarding your position and the agreements you make, either during or after mediation. This way, you combine the benefits of a joint solution with certainty regarding your rights.
Frequently Asked Questions
What is the most important difference?
A lawyer is partisan and advocates for your interests; a mediator is impartial and guides both parties toward a joint solution.
Can a mediator advise me on legal matters?
Not one-sided: the mediator is impartial. For advice regarding your own position, engage a lawyer or legal expert.
When should I choose mediation?
If you wish to resolve a conflict together while preserving the relationship. In the event of a fierce disagreement or legal proceedings, a lawyer is a better fit.
Help with a conflict?
Our legal experts and lawyers advise, mediate, and litigate. View our legal assistance or our litigationteam, or schedule a free consultation.
