Can I Bring a Lawyer or Support Person to Mediation? What You Need to Know

Many people entering family mediation wonder whether they can bring a lawyer or support person with them. While it may seem reassuring to have professional support, the answer is not automatic.

The mediation industry advises clients to understand the role of support persons in sessions, noting that bringing a lawyer or other supporter is ultimately at the mediator’s discretion.

1. Mediation is a Neutral, Collaborative Process

Family mediation is designed to help parties communicate, negotiate, and reach mutually acceptable agreements in a safe and structured environment. Unlike court, mediation focuses on collaboration, understanding, and practical solutions, rather than advocacy or legal argument.

This is why the presence of support persons, including lawyers, must be carefully considered.

2. Mediator Approval is Required (Industry Standard)

It is industry-wide standard that a mediator must approve any support person attending a session. After the mediator’s approval, the other party is also informed and can raise concerns, ensuring fairness and transparency.

This approach:

• Protects the neutrality of the mediation

• Ensures all participants feel safe and heard

• Minimises the risk of disruptions caused by misunderstandings or conflicts

It is important to note that bringing a lawyer or support person is not an automatic right. Mediators aim to preserve the integrity of the process while allowing reasonable support where appropriate.

3. Why Lawyers in Mediation Can Sometimes Be Problematic

While lawyers are sometimes experts in law, mediation is not a courtroom. Lawyers who attend sessions may unintentionally:

This is not a critique of lawyers—it’s simply a reflection that mediation has different goals than legal advocacy, and a professional mediator must manage the dynamics carefully.

4. Alternative Support Options

Instead of a lawyer, consider bringing:

• A trained support person or family member who understands mediation and can offer emotional support

• A professional advocate familiar with family mediation, not legal strategy

• Consulting a lawyer before or after mediation for legal advice, rather than during the session

These alternatives protect the mediation process, while still ensuring you feel supported.

5. Why Full-Time Mediators Make a Difference

Experienced full-time mediators, many with legal backgrounds, can:

• Assess whether support persons will help or hinder the session

• Guide participants effectively even if emotions are high

• Ensure mediation remains neutral, collaborative, and solution-focused

The priority across the mediation industry is achieving agreements that work for both parties, rather than turning the session into a legal debate.

Conclusion

Bringing a lawyer or support person to mediation is at the mediator’s discretion and follows the industry-wide practice of mediator approval, then notification to the other party. While legal guidance is important, mediation works best when the session remains neutral, collaborative, and focused on resolving disputes.

Professional mediators ensure all participants feel supported while keeping mediation productive and fair, helping families reach outcomes that are sustainable, practical, and respectful.