New York Mediation Lawyer
If you face a dispute in New York and want to try mediation to resolve it, please contact the Law & Mediation Office of Bracha Etengoff. We have years of expertise in elder and family mediation.
Whether you’re involved in a contentious disagreement or want to ensure you reach a fair arrangement with another party, mediation may be the solution you’re looking for. Our lawyer, Bracha Etengoff, will serve as the neutral to facilitate your confidential negotiations. Estate distribution, elder care, and prenuptial agreements are some family issues we can help you resolve.
Bracha Etengoff has an M.A. in Psychology in addition to her J.D., and holds certifications in Elder Mediation and Divorce Mediation. She understands family dynamics and creates a comfortable environment for people to discuss sensitive and difficult topics. She has experience working with families of all types.
Call (347) 640-0993 today for your initial consultation with a dedicated and trusted New York mediator. We will review your case and advise you about the available options to reach agreement as soon as possible.
Understanding Alternative Dispute Resolution
Alternative dispute resolution (ADR) involves various methods of resolving disputes outside of court. Many people turn to ADR while in litigation to try to settle their court cases, but it is also used to reach agreement in other contexts.
Mediation is a common type of ADR people use in a range of legal and non-legal matters. Mediation involves a neutral person assisting parties in negotiating their differences. For example, you can mediate the terms of estate distribution to prevent or resolve a will contest.
During mediation, the mediator meets with both parties. Sometimes, each side brings an attorney to represent them during the negotiations.
The mediator communicates with everyone to understand the problem and learn what each person hopes to achieve. They facilitate solutions, and each side chooses whether to accept them. Unlike judges, mediators don’t impose decisions or issue rulings.
Confidentiality is another hallmark of mediation. This is also an advantage over litigation, because most court proceedings are public.
In many cases, mediation can be conducted via video, as well as in person.
Types of Cases You Can Mediate
At the Law & Mediation Office of Bracha Etengoff, we mediate a wide range of issues, including:
- Estate division and will contests
- Elder care arrangements and guardianships
- Prenuptial agreements
- Grandparent visits and intergenerational disputes
Estate Division and Probate Contests
Unfortunately, the passing of a loved one can cause more than just emotional strain. It can also lead to legal battles within the family. Sometimes people discover they are not beneficiaries of the will, or receive an asset they don’t want. Others might believe an estranged relative shouldn’t receive any property.
Although litigating the issue may eventually be effective, it’s also costly, stressful, and often takes years. Settling the matter outside of court is much simpler and typically less expensive.
We are ready to mediate to help you reach solutions on estate issues, such as:
- Will contest
- Property distribution
- Trust terms
- Beneficiary designations
Elder care issues often generate disagreement. Family members may have different plans to finance an older parent’s expenses. Sometimes one child believes they are bearing the brunt of the burden, while others feel they’re being shut out of decision making. Other times, an older parent is adamant about remaining at home, while the children believe that is no longer safe and assisted living is the only option.
Mediating elder issues could prevent delays in your loved one getting the care they need and deserve. We will work to facilitate solutions that may not be obvious at first and which everyone can agree to.
We are ready to guide you through the negotiations regarding difficult topics, including:
- Assisted living facility or home care options
- Family business management or sale
- Dividing caregiving duties optimally for your family
- End-of-life care discussions
- Wills, trusts, and powers of attorney
- Appointing a guardian
- Activities of daily living (ADLs) strategies
- Meeting financial obligations, such as rent or mortgage, food, and utilities
We can also work collaboratively with other professionals, such as geriatric care managers, attorneys, accountants, and daily money managers, to reach optimal solutions.
Mediation can be helpful for other kinds of intergenerational disputes too, including grandparent visits. Sometimes a son or daughter wants their children to maintain a relationship with their grandparents, even though they’re going through intense conflict themselves. But they have trouble agreeing on the terms of the visits, such as their location or duration. We have experience proposing solutions and making grandparent visits are less stressful.
A prenuptial agreement is a contract two people sign before getting married. The contract contains various terms about the marriage, including details of each person’s assets and how to handle a divorce. Although many people believe a prenup starts off marriage in a negative light, it is a kindness to yourselves as a loving couple now to take action to prevent dispute and litigation if circumstances change. You can read more about prenups here.
If you’re considering a prenuptial agreement, contact your New York mediator, Bracha Etengoff. She assists couples in reaching agreements on the terms of their marriages in a way that benefits each person. It’s vital to discuss any disputes that arise to avoid future conflicts.
During the mediation, Bracha will meet with you and your future spouse to discuss your goals for the prenup and work out any issues you’re facing. Negotiations are usually smoother with both of you in the same room with an experienced mediator helping you reach agreement, rather than only communicating with each other through your lawyers.
When you’ve agreed on the terms, Bracha will draft the prenup. Then each of you will meet with a “review attorney” to ensure you understand its terms and your rights. If you desire changes to the agreement after your separate consults, she will revise the prenup accordingly. We can recommend trusted colleagues as review attorneys upon request.
While this sounds like a more complex process, the total fees from mediating a prenup can even be lower than the traditional model. Costs are kept down because four-way communication between you, your partner, and each of your attorneys is reduced, and miscommunications are minimized.
Sometimes, family members don’t want to engage in mediation, whether they face an estate distribution dispute, elder law matter, or other issue. The Law & Mediation Office of Bracha Etengoff also offers conflict coaching for people whose families aren’t interested in mediation.
A conflict coach works with you individually to develop conflict resolution skills and strategies. We can rehearse ways to discuss the issues and help you prepare a plan. We can also review your legal or non-legal matter to identify your interests and create a strategy to meet your needs.
At the Law & Mediation Office of Bracha Etengoff in New York, we believe in helping families reach agreements in a comfortable and safe setting. Mediation and conflict coaching are valuable tools in resolving disputes. When you hire us, we will guide you through every step. Our goal is to facilitate lasting solutions that work for everyone involved.
If you want to try mediation to resolve your family dispute, call (347) 640-0993 for your initial and confidential consultation with an experienced New York mediator. We can meet by video, in our Manhattan or Long Island office, or in your home or office.