Mediator vs. Mediation Lawyer: Which Do You Need?
Many people in Forest Lake search for a “mediation lawyer” when the first thing they need is a mediator. Here is how the two roles differ, how they work together, and how to decide where to start.
Please note: Counseling & Mediation Solutions LLC provides mediation, not legal representation. Our mediator is not an attorney and does not give legal advice.
A Mediator
Neutral. Helps both people reach their own agreement.
A Mediation Lawyer
Represents one person and gives legal advice.
Often Both
Many people mediate, then have their own attorney review.
What a Mediator Does and What a Lawyer Does
The biggest difference is who the professional works for. A mediator works for the process and stays neutral. A lawyer works for one client and advocates for that person.
A Mediator
Stays neutral and does not take sides. Guides both people through each decision, keeps conversations productive, and helps write down the agreements you reach. A mediator cannot give either person legal advice.
A Mediation Lawyer
Is an attorney hired by one person. Gives legal advice about that person's rights, reviews proposed terms, and can prepare or file court documents. When a lawyer serves as a mediator, they are also neutral and cannot advise either side.
Working Together
Many people work out decisions with a mediator and then have their own attorney review the agreement before signing or filing. This can cost less than having attorneys negotiate every issue.
When Is a Mediated Agreement Binding in Minnesota?
Under Minnesota Statutes section 572.35, a mediated settlement agreement is not binding unless it says it is binding and the parties were advised that the mediator has no duty to protect their interests, that signing may affect their legal rights, and that they should consult an attorney if they are unsure of their rights.
That is one reason many people have an attorney review an agreement before signing. In a divorce, agreed terms also need to be put into court documents and approved by the court.
When to Talk to a Lawyer First
- There are safety concerns or a history of domestic abuse
- One person controls most of the financial information
- There is a business, complex assets, or retirement accounts to divide
- You feel unable to speak up for yourself with the other person
- You want advice about what a court would likely decide
If any of these apply, it can make sense to speak with a Minnesota attorney before or alongside mediation.
What to Expect From Mediation With Our Office
Request a Consultation
Call (651) 307-4993 or request a confidential consultation online.
Confirm Mediation Is a Good Fit
The office confirms that mediation is appropriate for your situation, including any safety concerns, before sessions begin.
Work Through Decisions
Sessions cover the topics you need to decide, such as parenting time, property, and household finances.
Review Before Signing
Agreements are written down so each person can have their own attorney review them before anything is signed or filed.
Our Mediator Is Not a Lawyer
Counseling & Mediation Solutions LLC provides mediation and counseling services. We are not a law firm, our mediator is not an attorney, and we do not give legal advice or represent either person. The information on this page is general and is not legal advice. For advice about your situation, consult a licensed Minnesota attorney.
Explore Mediation With Our Forest Lake Office
Divorce Mediation
A structured, neutral process for separating couples making decisions together.
Co-Parenting and Parenting Plans
Help for parents building a parenting schedule and plan that works for their children.
How Divorce Mediation Works
A step-by-step look at divorce mediation in Forest Lake and what to bring.
Questions About Mediators and Mediation Lawyers
No. A mediator is a neutral professional who helps both people reach their own agreement. A mediation lawyer is an attorney who represents one person and gives that person legal advice. Some attorneys also work as mediators, but in that role they stay neutral.
You are not required to have a lawyer to use a mediator. Many people still have their own attorney review the agreement before signing, especially in a divorce or when there are significant assets.
No. A mediator can explain how the mediation process works, but cannot give either person legal advice or tell you what is best for you legally.
Under Minnesota Statutes section 572.35, a mediated settlement agreement is binding only if it says so and the parties were advised that the mediator does not protect their interests and that they should consult an attorney if unsure of their rights. In a divorce, agreed terms also need court approval.
It can be, because both people share one neutral professional for the negotiation. The cost depends on how many issues you need to resolve and how many sessions you need.
No. We provide mediation and counseling. For legal advice about your situation, please consult a licensed Minnesota attorney.
Not Sure Where to Start?
Call the office and we can explain how mediation works, so you can decide whether to start with a mediator, an attorney, or both.