Family Wealth MediationSM

Mediation offers clear advantages over other approaches to facilitated family decision-making.

  1. Family members understand that mediators are neutrals whose role is help families reach agreement. The roles of non-mediators such as consultants, advisors or other facilitators are not always clear to family members.
  2. The law protects the confidentiality of the mediation process. Productive family discussions may involve delicate and sensitive issues—personal, financial or relational issues that should remain confidential. Non-mediator facilitators do not enjoy the legal privilege of confidentiality and may be compelled to testify as any other fact witness in litigation.
  3. A mediator may conduct confidential interviews with individual family members, and may not disclose their content without the individual’s permission. Professional ethical rules discourage the family’s traditional advisors—lawyers and accountants—from conducting confidential individual interviews with family members. In individual interviews with the mediator, the underlying sources of family differences are explored. Taken together, these individual interviews usually suggest a mediation strategy that leads to resolution of family differences.
  4. Family members are vitally concerned with maintaining confidentiality. In our view, mediation alone offers them that protection.