Going self-employed as a mediator in Germany: prove your quality, build your practice

Freely accessible, but not without rules

The 2012 Mediationsgesetz describes mediation as a confidential and structured procedure in which the parties seek an amicable solution with the help of an independent and neutral person who has no power to decide (§ 1 MediationsG). Anyone who works this way must follow the rules of the Act, with or without a certificate:

• Impartiality: you owe the same duty to all parties; you only hold one-to-one sessions if everyone agrees (§ 2 para. 3).
• Disclosure: you disclose in advance any circumstances that could affect your independence (§ 3 para. 1). Anyone who has already acted for a party in the same matter may not mediate, and in principle this also applies to colleagues in the same practice or office-sharing arrangement (§ 3 paras. 2 and 3).
• Confidentiality: you and everyone involved are bound to confidentiality, with a few statutory exceptions, for example to protect the welfare of a child (§ 4).
• No legal advice on the side: mediation is not a legal service as long as you do not intervene in the discussions with legal proposals for a settlement (§ 2 para. 3 no. 4 RDG, Legal Services Act). You point out to parties without their own advisers that they can have the agreement checked externally (§ 2 para. 6 MediationsG).

These rules are also the basis of your business: parties pay you precisely because you do not work for either side. If you bear that in mind when setting up, you will make better decisions about premises, partnerships and advertising.

The route to becoming a certified mediator

§ 5 para. 2 MediationsG allows anyone who has completed training under the Zertifizierte-Mediatoren-Ausbildungsverordnung to use the designation „zertifizierter Mediator“. Since the amendment that came into force on 1 March 2024, these are the key points:

Important for your planning: certification is self-certification. No authority checks your documents, and there is no list on which you are entered. The responsibility for meeting all requirements lies with you. If you started your training under the version in force until 29 February 2024, the transitional rule requires you to complete it by 29 February 2028. Associations such as the Bundesverband MEDIATION, the BAFM or the BMWA also award their own recognitions, each with its own requirements.

What your source profession brings and limits

Most mediators have a first profession and keep it. That affects what you may do and which additional rules apply.

• Lawyers: under § 7a BORA, a lawyer may use the title mediator if they meet the training and CPD requirements of § 5 para. 1 MediationsG. As a mediator you remain bound by lawyers' professional law (§ 18 BORA), and your compulsory insurance under § 51 BRAO of at least €250,000 per claim should cover mediation. Ask your insurer.
• Notaries: mediation is part of a notary's official activity. The Bundesgerichtshof (Federal Court of Justice) ruled the double designation „Notar & Mediator“ to be misleading advertising (decision of 11 July 2022, NotZ(Brfg) 6/21).
• Psychologists, social workers, coaches: you may mediate but not give legal advice. In separations, a referral to legal advice therefore belongs firmly in your process.
• Tax advisers and other chamber professions: check how your chamber classifies mediation as a secondary activity and which designations you may use on letterhead and website.

Liberal profession or trade?

For mediators, this question has not been conclusively settled. Mediation is not listed in § 18 para. 1 no. 1 EStG (Income Tax Act). Legal commentary often treats it as a liberal profession, but tax office practice is inconsistent and frequently hinges on the source profession: lawyers and psychologists are more likely to be classed as liberal professionals than career changers without an academic background. The decision is made via the tax registration questionnaire (Fragebogen zur steuerlichen Erfassung), which you submit via ELSTER after starting work.

A UG or GmbH is always a trade. For a single mediator it is rarely needed at the start, because the liability risk is better covered by insurance. Clarify your classification with a tax adviser before you start, so that you do not have to pay trade tax arrears years later.

VAT and protection

• VAT: mediation is subject to VAT (19 %). As a small business under § 19 UStG you do not charge VAT, as long as turnover did not exceed €25,000 in the previous year and does not exceed €100,000 in the current year. In business mediation, standard taxation may make more sense, because companies deduct the input tax.
• Financial loss liability insurance: not required by law, but a flawed final agreement can be expensive. Many associations arrange group contracts. If you have professional indemnity insurance, name the insurer on your website under § 2 DL-InfoV (Services Information Regulation).
• Health and pension provision: as a self-employed person you provide for yourself. Build the contributions into your hourly rate from the start.
• Funding: if you receive Arbeitslosengeld I (unemployment benefit), you can apply to the Agentur für Arbeit for a Gründungszuschuss (start-up grant). There is no nationwide state funding for mediation, only pilot projects under § 7 MediationsG.

Where your first cases come from

Mediation is a service people look for in a crisis, often on someone else's advice. The most reliable sources of first cases are therefore the places that see conflicts before they escalate.

Do not underestimate the return from completed mediations. Anyone who was satisfied with a separation mediation will later recommend you to friends. You may ask for this afterwards, but because of confidentiality, details of the case never belong in a reference.

Becoming visible without losing your neutrality

Your website is where interested people check whether you are the right fit for their conflict. Because no register confirms your qualification, it should state your training, certification, association membership and source profession clearly and verifiably. Just as important are a process description that speaks to both sides, a transparent fees page and a contact form that expressly does not ask for a description of the conflict.

• What belongs in the imprint even without a chamber is covered in Mandatory details for mediators in Germany; the imprint generator puts it together for you.
• Which statements about certificates, success and prices are permitted is explained in Advertising for mediators in Germany.
• How to appear in local searches is shown in Google Business Profile and local SEO.

You can keep the start-up effort manageable. We build a finished website for a fixed price of €1,800 net, or €3,600 net with an editing system for your own specialist articles; hosting costs €30 a month. For comparison: according to our market overview (November 2026), website builders cost €180 – €540 in the first year, and you build the site yourself. Further set-up questions are answered in the overview Setting up a firm in Germany.