People often ask, “How can you be a mediator if you aren’t an attorney?” Because mediators work with attorneys, often at the direction of judges, it is just assumed that a JD is a requirement. While I admit that knowledge of the law is helpful during a mediation, I would argue that mediations are barely about the law. They are about understanding people.

The first thing that is important to establish is that, in most jurisdictions, you do not have to be an attorney to be a mediator. I once had an attorney tell me that I was breaking the law by mediating without being a member of the bar, despite the fact that I was certified to mediate by the Florida Supreme Court. For the record, the Florida Supreme Court ruled that mediators to not have to be lawyers in 2007, and Texas has never required it.

I also submit that it is inappropriate for a mediator to give legal advice or opinions during a mediation. According to Rule 10.370 (page 20) of the Florida Rules for Certified & Court-Appointed Mediators and Guideline 11 of the Texas Supreme Court’s “Ethical Guidelines for Mediators,” it is unethical for a mediator to give legal or other professional advice to parties. So while attorney-mediators may have more legal knowledge than non-attorney-mediators, it is unethical for them to use it. Of course, I have taken classes and gone to CLE’s to learn more about the laws that are relevant to the cases I mediate, but I don’t share that knowledge, and neither should any mediator.

It is important to understand that the skills of a mediator are not the same as the skills of a litigator. I know many attorneys-turned-mediators. Many of the best that I know hated litigation. Litigation is all about proving that one side is right and the other side is wrong. Mediation is all about helping both sides realize that the truth is somewhere in the middle, and compromise is the answer.

It has long been said that the more you learn, the less you know. In my educational journey, both as a student and an educator, I realized that students graduate college thinking they know everything, while Master’s Degree recipients graduate thinking they know everything about a particular subject. A PhD student spends most of their time thinking about things no one knows, in an attempt to find a research topic. Therefore, PhD students graduate feeling like they know nothing.

My graduate work, along with my time supervising both teachers and students, taught me to ask questions and look deeper into conflicts, and to understand people in general. In mediations, I am always looking for what has not been said, and what information can help each side understand the other’s. It is rare for the parties in a mediation to be attorneys, which means they probably don’t understand the law. They understand their feelings about what is right and wrong, and their feelings about the risks of settling in mediation vs. going to court. That is why mediation is not about understanding the law. Mediation, from the mediator’s perspective, is about understanding the people, their psychology, and how to convince them that they are not absolutely right and the other side is not absolutely wrong. So next time you choose a mediator, ask yourself: Do you want another attorney in the room, or do you want someone who understands and can speak effectively to your clients?

p.s. This article was written by me, not by AI.