By communicating with everyone on an individual basis, in small groups and in the large family group the mediator was able to develop a complete picture of the family's needs. After conferring with his clients and their accountants the parents' attorney prepared documents for an estate plan that satisfied the desires, interests and needs of the entire family. Most jurisdictions provide broad protection to mediation proceedings including prohibiting the mediator from testifying if there is subsequent litigation. Oral and written admissions, offers, notes, etc. made during mediation cannot be used in litigation. California has codified the confidential nature of mediation proceedings in CCP 1775 et.
Most mediators describe the bounds of confidentiality in a mediation agreement.
There is no risk to the parties participating in mediation, whether it be in the planning stages or in a contested proceeding. They maintain control over their destiny by participating in the mediation process. The statistical data clients give to their attorneys are usually comprehensive and accurate, but hidden interests and suppressed emotional needs of clients are seldom fully disclosed in the presence of one another. The accepted mode of representing clients with potential conflicts of interest may interfere with an attorney's ability to get all the information required to determine a client's real interests and needs. For example one spouse usually will not raise an issue known to be distasteful to the other in the other's presence.