What is the difference between mediation and legal representation?

A lawyer representing a client owes professional duties to that client and advocates for the client’s lawful objectives. A mediator is different. The mediator is a neutral facilitator whose role is to help the parties communicate, identify issues, evaluate options, and work toward voluntary agreement.

A mediator does not represent either spouse and should not give one spouse individualized legal advice against the interests of the other. A lawyer-mediator can provide neutral legal information about the process and identify issues that should be addressed, but each party remains responsible for deciding whether independent legal advice is needed.

Mediation can be effective when the parties are able to negotiate safely and in good faith. Independent representation may be especially important when there are substantial power imbalances, complex assets, disputed legal issues, concerns about coercion, or a need for individualized advice about the consequences of a proposed agreement.

The roles can complement one another: parties may mediate while consulting separate attorneys before, during, or after the mediation process.

Primary Wisconsin authorities: Wisconsin Supreme Court Rules governing lawyers and mediators; Wis. Stat. ch. 767 mediation provisions where applicable.