In family matters, mediation is an alternative to litigation. However, for a mediated settlement to be successful, parties need to know what the probable outcome of litigation would be. Since mediators do not give specific legal advice, having a lawyer's advice is important in making informed decisions during mediation.

In civil matters, attorneys are actively involved in the mediation when a lawsuit is pending. If the parties choose to mediate before hiring attorneys, any agreement has the binding effect of a contract, or an attorney can be employed to have the court approve the agreement and enter it as a judgement.