Rather, the mediator s role is to assist attorneys in fulfilling their responsibility to craft a plan that will accomplish the testamentary desires of the attorneys clients. The mediator confers, on a confidential basis, with each person separately and with the parties jointly. Only information that is authorized to be disclosed by each person will be shared with others. The mediation process can provide attorneys, accountants, and financial advisors with valuable information about the clients subjective interests and needs that should be addressed in the estate plan. Mediation also helps to minimize the potential for foot dragging by a family member who cannot live with a proposal but does not want to be seen as an obstructionist.
Most mediators describe the bounds of confidentiality in a mediation agreement.
There is no risk to the parties participating in mediation, whether in the planning stages or in a contested proceeding. They maintain control over their destiny by participating in the mediation process. Most jurisdictions provide broad protection to mediation proceedings, including prohibiting the mediator from testifying in the event of subsequent litigation. Oral and written admissions, offers, notes, and other documentation made during mediation cannot be used in litigation. A mediator explains the process to each spouse, with joint meetings and individual conferences scheduled as appropriate.