Mediator vs. lawyer – which one do I need

When dealing with a legal dispute, it can be difficult to decide whether to choose a mediator or a lawyer. Both play very different roles in conflict resolution. Understanding the differences can help you make the best choice for your situation – or even decide to use both.

This article explains the role of mediators compared to lawyers, when each is the right choice, and how they can sometimes work together.

What is the role of a mediator?

Mediation is a voluntary process where people in conflict try to reach an agreement with the help of a neutral third person – the mediator.

The parties themselves stay in charge of the outcome. The mediator does not take sides and has no personal interest in the result. Their task is to guide the conversation and help you find common ground – without anyone getting hurt in the process, figuratively or otherwise.

If both parties agree, the mediator can share general legal information. However, a mediator does not give legal advice. That means they won’t tell you what your best or worst case scenario is, or what a court might decide in your specific situation.

Instead, a mediator often refers to what courts would generally consider reasonable. This helps set a shared reference point. But what you do with that information is entirely up to you.

Flexibility and freedom in mediation

One of the key advantages of mediation is the freedom it gives you.

• You can openly explore multiple solutions without being tied to anything.

• You are not legally bound by anything discussed during the process – unless and until a final agreement is written down and signed by both parties.

• Once signed, that agreement becomes legally binding.

This flexibility allows for open brainstorming and creative problem-solving.

And if mediation fails? Even then, it stays private. Should you go to court afterwards, the judge will only know that mediation was attempted – not what was said during the sessions.

What is the role of a lawyer?

A lawyer is someone who represents your legal interests. They advise you on what is legally possible, what your rights are, and what a court is likely to decide in your specific case.

Hiring a lawyer is useful if:

• You want to know whether a proposed deal is good, bad, or risky

• You feel unsure or believe you’re in a weaker position

• The situation is too tense to talk directly to the other party

Lawyers can give strategic advice, speak on your behalf, and help you negotiate more confidently. But there’s a trade-off. Knowing your legal position may make you less open to creative or non-standard solutions, as people often start thinking in legal boxes.

Can I combine mediation and legal advice?

Yes. In fact, combining both can work well.

You can attend mediation on your own but ask your lawyer to review any draft agreement before you sign it. This gives you the chance to explore flexible solutions while still protecting your legal interests.

When is mediation not the right option?

Mediation may not be suitable if:

• The conflict has escalated too far

• You feel unsafe or cannot face the other person

• There is a strong imbalance of power

• One or both parties refuse to cooperate or compromise

In those cases, it is better to hire a lawyer directly. The lawyer can help protect your rights, de-escalate the conflict where possible, and represent you in court if needed.

Why mediation is increasingly encouraged

There is a growing push in Dutch society to try mediation first – and for good reason. Mediation is usually faster, cheaper, and less emotionally draining than going to court.

The legal system is under pressure. Courts in the Netherlands are overwhelmed with cases and often struggle to keep up. Mediation offers a way to resolve disputes without adding to the backlog.

Conclusion

Choosing between a mediator and a lawyer depends on your situation, your relationship with the other party, and how far the conflict has escalated. Mediation gives you more control, encourages creative solutions, and can keep costs down. A lawyer helps you understand your rights and protects your position if things get difficult.

In many cases, the best approach is a combination: mediation with legal advice in the background. This way, you stay in charge while still getting expert support.

Disclaimer: The information provided on this website is for general informational purposes only and is not legally binding. Although we strive for accuracy, the content may contain errors. If you notice any mistakes, please let us know by contacting us via the contact form located at the bottom of the page.

Picture : Created by Sora/ ChatGPT