A mediator can help all parties and their advisors find hidden issues. It is often difficult for one spouse or sibling to explain the interests and needs of others. The nature of family relations can foster many hidden agendas and suppressed emotions. Poor communications and misconceptions may cause people of goodwill to become antagonists. If not addressed, hidden issues can become buried mines waiting to explode.
Mediation can expedite the estate planning process.
It helps to eliminate the need for foot dragging by a family member who cannot live with a proposal but does not want to be seen as an obstructionist. Whenever a potential conflict of interest requires separate counsel or a consent to joint representation, clients should be advised about the benefits of a skilled mediator. The mediator's work may dispel or confirm and resolve the conflict. In either case, a mediator will help planners identify underlying emotional issues so they can better address the family's spectrum of concerns. Even if a conflict of interest is not apparent, a mediator may be advisable in large estates.