In either case, a mediator will help planners identify underlying emotional issues so they can better address the family s spectrum of concerns. A mediator may be advisable in large estates even if a conflict of interest is not apparent. The mediator might uncover a latent conflict or bring out information that will prevent a conflict from developing. The attorneys invariably will receive information through mediation that will be beneficial in developing a viable plan. At the very least, the attorneys will have a better record that their advice and planning documents correctly address the desires of their clients.
Mediation also works well in resolving problems during probate and trust administration.
Relations between executors or trustees and beneficiaries can turn sour because of different priorities. Often differences are in perception rather than substance. A mediator can help the parties clear up areas of ambiguity and aid them in developing a plan of interaction that will promote all their interests. As a result, executors and trustees may no longer dread the beneficiaries telephone calls, and beneficiaries may be happier while making fewer calls to the fiduciaries. Courts are not charged with working out reasonable solutions to heirship contests or disputes over administration of wills and trusts.