Mediator or lawyer? What each does, and why a certified mediator matters

A mediator and a lawyer do different jobs. A lawyer works for one person: they give legal advice and argue for that person. A mediator is a neutral who works with both sides to help them reach their own agreement; the mediator doesn't decide the case and doesn't give legal advice, even when the mediator is also a lawyer. So the real choice is usually not mediator or lawyer. Many people use both: a lawyer for advice, a mediator to settle. What matters more is choosing a trained, court-certified or court-listed mediator, and deciding whether to try mediation before asking a judge to decide.

This is general information, not legal advice. Rules vary by state. See how mediation works in your state →

At a glance

	Mediator	Your lawyer	Judge (contested case)
Works for	Both sides, as a neutral	You only	The court
Gives legal advice	No	Yes	No
Decides the outcome	No; you both do	No; advises you	Yes, on what you can't settle
Focus	Needs and interests	Your legal rights and goals	Legal rights, under the law
Who sets the rules	Court ethics rules for court-program mediators, in many states	Your state's lawyer ethics rules	Court rules and the law

What a mediator does

A mediator helps people talk, sort out what each of them needs, and look for options both can accept. Texas law describes mediation as a forum in which "an impartial person, the mediator, facilitates communication between parties," and says a court-appointed mediator may not compel or coerce a settlement.¹ A federal agency, the EEOC, puts it plainly: the mediator "does not decide who is right or wrong and has no authority to impose a settlement."²

Read more: what does a mediator do?

Neutrality vs. advocacy

Your lawyer is on your side. That is their job: to tell you where you stand under the law and push for the best result for you.

A mediator is on neither side. Court ethics rules say so directly. The Supreme Court of Texas's guidelines say "a mediator should be impartial toward all parties."³ Virginia's standards say a certified mediator "shall conduct a mediation in an impartial manner,"⁴ and Georgia's say a mediator "must demonstrate impartiality in word and deed."⁵ California's rules for court-connected civil mediators require impartiality "toward all participants … at all times."⁶

Interests vs. rights

Courts decide legal rights. Mediation can look past them. Georgia's court rules define mediation as a process in which the neutral "attempts to focus the attention of the parties upon their needs and interests rather than upon rights and positions."⁷ The federal court in Northern California describes its mediators exploring "not only the relevant evidence and law, but also the parties' underlying interests, needs and priorities."⁸

That matters most where people will keep dealing with each other, like co-parents. In one randomized study that followed families for 12 years after a custody dispute, parents without primary custody who mediated stayed more involved with their children than those who litigated, without more conflict between the parents.⁹ It was a small study of contested custody cases from one court program in the 1980s, so it shows what mediation can do, not what it will do in every case.

Mediators don't give legal advice

This is the main reason many people use both. Texas's guidelines say "a mediator should not give legal or other professional advice to the parties" and should encourage them to get their own advice where appropriate.³ Georgia's standards require the mediator to explain at the start that they "will not give legal or financial advice."⁵ Virginia goes further: before a court-referred mediation, a certified mediator must tell the parties in writing that "the mediator does not provide legal advice," that they may consult a lawyer, and that each should have any draft agreement reviewed by independent counsel before signing.⁴

A lawyer who serves as your mediator follows the same rules. They act as a neutral and don't represent either of you.

What certification requires

There is no single national certificate. Each state's courts set their own rules for mediators in court-connected cases, and the words differ: certified, registered, approved, listed. Some examples:

• Florida certifies mediators. State law makes the Florida Supreme Court responsible for "minimum standards and procedures for qualifications, certification, professional conduct, discipline, and training," and applicants go through a fingerprint background check.¹⁰ The chief judge of each circuit keeps a list of Supreme Court-certified mediators registered there.¹¹ How to become a certified mediator in Florida
• Texas has no state certificate, but a court-appointed mediator generally needs at least 40 classroom hours of dispute-resolution training, and 24 more hours for parent-child cases.¹ Texas
• Georgia says it offers no real "certification." Instead it registers neutrals for court-connected cases: general civil mediators need 28 hours of approved training, and domestic relations mediators need 42 more hours and a bachelor's degree.¹² Georgia
• Virginia certifies mediators for court referrals; its training guidelines set minimum hours for each course, such as 20 hours of basic mediation and 20 of family mediation.¹³
• North Carolina certifies mediators through the Dispute Resolution Commission in the Judicial Department.¹⁴

Listings on MediationList come from official rosters like these, and each names its source. See every state's rules →

Ethics codes, and who disciplines mediators

Court-program mediators answer to their court system's ethics rules, and several states have a body that handles complaints:

• Florida: the Supreme Court sets the standards for mediators' professional conduct and discipline.¹⁰
• North Carolina: the Dispute Resolution Commission administers certification and can discipline or revoke it; its final decisions can be appealed to Wake County Superior Court.¹⁴
• Virginia: complaints go to Dispute Resolution Services, and a six-member Complaint Hearing Committee (five certified mediators and one judge) can impose sanctions up to revoking certification.¹⁵
• Georgia: a neutral can lose registration through action by the Commission on Dispute Resolution or its Committee on Ethics.¹²

In states without a statewide program, the court that appoints or lists a mediator usually sets the rules. A mediator with no court credential at all may not answer to any of these bodies.

When courts require a certified mediator

When a court orders mediation, its rules may say who can mediate. In Florida, court-ordered mediation follows rules adopted by the Florida Supreme Court.¹¹ In a court-referred family case there, the parties can agree within 10 days on a certified mediator, or on one who isn't certified but whom the judge accepts as qualified by training or experience; if they can't agree, the court appoints a certified mediator.¹⁶ Texas courts appointing a mediator look to the training hours above.¹

For private mediation that you arrange yourselves, these court rules often don't apply. Read more: do I need a mediator certified in my state?

When to use both

A lawyer and a mediator can work together at every stage:

• Before mediation: a lawyer can explain your rights and what a court might do, so you know what you're negotiating about.
• During mediation: some people bring their lawyers to sessions; others consult between sessions. Ask the mediator how they work.
• Before you sign: have a lawyer review the agreement. Virginia's standards tell certified mediators to say exactly that.⁴

If mediation doesn't produce an agreement, you keep your right to go to court. Georgia's rules note that parties who don't settle "lose none of their rights to a jury trial."⁷ Read more: do I need a lawyer for divorce mediation? and divorce mediation vs. court.

Cost: what we can show

We don't publish averages or "typical" lawyer fees, because no official source sets them. Here is what official sources do say:

• Florida court-program mediation: state law sets $60 per person per session in family mediation when combined income is less than $50,000, and $120 per person when it is more than $50,000 but less than $100,000. County court cases of up to $15,000 are $60 per person, and there is no fee for parties found indigent.¹⁷ Details by circuit: divorce mediation cost in Florida.
• Filing a Florida divorce: the circuit court filing fee is up to $295, plus a $4 fee,¹⁸ and a $1 mediation fee on every court case.¹⁷ Your county clerk can tell you the full amount.
• Rates posted by court panels: some courts publish hourly rates for the mediators on their panels, often for civil cases. On those panels, the median posted rate was $155 an hour on the Iowa Judicial Branch roster (284 mediators), $250 on the Sacramento County Superior Court panel (176) and $650 on the Los Angeles County Superior Court panel (264), as read in October 2026. Each rate on MediationList is labeled with the court and the date.

Private mediators and lawyers set their own fees, so ask each one how they charge before you start.

Find a court-certified mediator

Mediators on MediationList come from official court and government rosters, each with the source and the date we checked it. Search by state or get matched with up to 3 mediators.

This is general information, not legal advice.