A mediator and a lawyer serve different roles in resolving disagreements. A lawyer advocates for their client. They may negotiate for their client, but their ultimate goal is to achieve the best outcome for their client, even if it means going to court. A mediator's role is to facilitate communication and negotiation between the parties involved in the disagreement. They are neutral and impartial, and their goal is to help the participants reach a solution that both sides agree on. Mediators do not provide legal advice or represent either side individually.

• Mediation is affordable. It can help avoid the need or expense of going to court.
• Avoids the uncertainty of the judge or jury deciding how the disagreement is resolved.
• The goal of mediation is to arrive at a solution that is agreeable to all participants, rather than a win/lose outcome. 
• Mediation can save time.
• Mediators are fair and impartial to both sides. They have no personal interest in the outcome.
• Mediation allows participants to come to creative, personalized solutions which may not be available in court. The process is set up to fit participants' needs.

Mediators have different styles. You may prefer one style or you may want the mediator to decide on the style best for your disagreement.

Facilitative mediator:

• Asks questions to help participants consider the strengths and weaknesses of their own positions and consider alternatives.
• Helps parties come up with ideas by asking questions but does not give advice or opinions about their positions.
• Will not predict what a judge or jury would do in the case.
• Does not make recommendations to the participants about how to resolve the dispute.

Evaluative mediator:

• Asks questions to help participants consider the strengths and weaknesses of their own positions and consider alternatives.
• May also share their view of each side's strengths and weaknesses.
• May attempt to predict what they think a judge or jury would be likely to do.
• May make recommendations about how to resolve the disagreement.

Mixed facilitative and evaluative styles:

• Mediator mixes aspects of both other styles.
• The style used may depend on the mediator’s judgment or the preferences of the clients, about what is best for the case.

Every DC Refers mediator has been screened and has:

• at least 40 hours of mediation training
• at least two years of relevant experience
• positive professional and client references

Mediators participating in DC Refers represent individuals of modest means for $75-150 an hour. The costs of mediation are shared between the participants.
DC Refers does not guarantee the outcome of any mediation, or that you will find a mediator who is a good match for your particular case.
 

The DC Superior Court’s Multi-Door Dispute Resolution Division provides free mediation services for certain types of disagreements. If you could file a case in the court’s Civil or Family Divisions to resolve your disagreement, you may qualify for these services.

For more information about whether you qualify for the court’s mediation services, call 202-879-3180 and ask to speak with a Dispute Resolution Specialist.

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