"lawyer-mediator" vs. "non-lawyer-mediator"

The following blurb is an excerpt from a linkedin discussion board within the group "ABA Section of Dispute Resolution" -- I, Cody Hayes am the author of this excerpt --

Lawyer vs. Non-lawyer is an age-old credibility battle and in at least some ways (in the dispute resolution context) an age-old pissing contest too. Here's what I mean: Like Gary Devine said when he started this topic, the litigation process is the default pathway people take when they are unable to resolve a (legal) dispute using their best efforts. This next sentence is over-simplified: Lawyers are the folks (and have always been the folks) who formally help people through the litigation process (of course modern lawyers use non-litigation tactics too -- negotiation, mediation, etc. AND there are other non-lawyers; document preparers for example who help, but let's just leave that be for now). Lawyers for that reason have specialized knowledge related to the legal field and substantive areas of law which apply in many disputes -- compared with non-lawyers. Lawyers are also bound by certain ethical rules concerning participation with non-lawyers in business (think other professionals, like CPA's etc.). Though these rules don't necessarily apply directly to our discussion here, they do help to form the foundation for the "bright line" between lawyer and non-lawyer and in some ways the divide & animosity. Bottom line with the first paragraph here is that Litigation is the default, and Lawyers are the default too.

Now, concerning the dispute resolution context:
As advocates, Lawyers have a great professional background to draw from to help people resolve disputes. Lawyers will be advocating, not for one side or the other, but will be advocating for the parties to agree. Non-Lawyers have a whole different set of skills, some of which are inherent to the individual's personality and can not be taught in law school, can not be learned in legal practice, and can not even be learned through "years of experience" mediating. In fact, lots of different kinds of people make great mediators: mothers, managers, fathers, grandparents, aunts, uncles, best friends etc.

Not all disputes are legal disputes. Some are interpersonal, some revolve around simple miscommunication, some exist only because of tradition where the reasons for the dispute have long since evaporated, and the list goes on and on.

So, the moral I see is that as mediators in the ABA Section of Dispute Resolution in pursuit of resolving disputes within our communities, we should strive to be less like "lawyer-mediator" vs. "non-lawyer mediator" and more like "lawyer-mediator" with "non-lawyer mediator".

On-a-side-note: I love the concept of bringing both parties with their respective attorneys into mediation -- having representation in mediation can make for a more confident process. I look forward to exploring this in practice in the near future~