Why You Should Consider Non Attorney Mediators
By Glen Bickford, Minnesota Qualified Neutral and Trained Mediator
Most mediators in Minnesota are attorneys. Only a small percentage are what those attorneys refer to as “non attorney mediators.”
Some attorneys believe mediation should be practiced exclusively by lawyers—because only lawyers, they say, understand the law. In fact, many legal professionals in Minnesota have worked to limit access to non lawyer mediators, claiming that only those with law degrees are qualified to help people resolve disputes.
At first glance, that argument seems reasonable. It’s helpful to have a mediator who understands the law. But are attorneys the only people who understand laws? Of course not. Most of us follow countless laws every day. We don’t hit others. We don’t run stop signs. We follow the rules because we know them—and because society works better that way.
In the same way, non lawyer mediators don’t need to be experts in patent law or criminal defense to help a couple create a parenting agreement. A skilled non attorney mediator understands enough about family law to guide people toward a fair and workable solution. And if the final agreement needs to be reviewed and written up for court, a licensed attorney can always do that part. The legal system is still involved—but without driving up costs or conflict unnecessarily.
What’s often left out of the “lawyers only” argument is this: mediation is not just about law. It’s also about emotion, communication, and trust. Disputes are rarely solved by logic alone. When people are hurt, angry, or in fight-or-flight mode, no amount of legal knowledge will move the conversation forward. A non attorney mediator helps people feel safe enough to engage—and calm enough to actually hear each other.
Another essential quality in mediation is neutrality. Lawyers are trained to advocate for one side. That training makes it harder for some attorneys to stay fully neutral. Non lawyer mediators often come from backgrounds—like counseling, ministry, or conflict resolution—where neutrality is essential and well-practiced.
So, if attorneys aren’t always the best mediators, what’s the alternative? Someone who is skilled in reading emotional cues, navigating tough conversations, and earning trust from both parties. A non attorney mediator who knows enough law to guide the process—and enough humanity to help people feel seen and heard—can be a powerful choice.
Above all, choose a mediator who understands that mediation is more than win/lose. It’s about helping people find win/win. It’s about creating agreements that everyone can live with.