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.

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.

What is alternative dispute resolution (ADR)?

Alternative dispute resolution (ADR) is a way of resolving disputes outside of court, and mediation is one of the most common forms families use. 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 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.

What types of cases can be mediated in New York?

At the Law & Mediation Office of Bracha Etengoff, we mediate a wide range of family issues, including estate division, elder care arrangements, prenuptial agreements, and intergenerational disputes like grandparent visits.

• Estate division and will contests
• Elder care arrangements and guardianships
• Prenuptial agreements
• Grandparent visits and intergenerational disputes

How can mediation help with estate division and will contests?

Mediation lets families resolve estate disputes outside of court, which is typically faster, less expensive, and less stressful than litigation. 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

How can mediation resolve elder care disputes in New York?

Mediation can help families agree on an elder care plan without the delays and hard feelings that come from disagreeing informally or fighting it out in court. 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 less stressful.

How does prenuptial agreement mediation work in New York?

A prenuptial agreement is a contract two people sign before getting married, and mediating it means working out the terms together with a neutral facilitator instead of negotiating only through separate lawyers. 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.

If you’re considering a prenuptial agreement, contact 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, a prenup will be drafted. 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.

What is conflict coaching and how does it help?

Conflict coaching helps individuals prepare for and navigate a family dispute on their own, when the other party isn’t willing to participate in mediation. Sometimes, family members don’t want to engage in mediation, whether they face an estate distribution dispute, elder law matter, or other issue.

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.

Frequently Asked Questions About Mediation in New York

What is the difference between mediation and litigation?

Mediation is a private, collaborative process where a neutral mediator helps both sides reach their own agreement, while litigation is a court process where a judge decides the outcome. Mediation is generally faster, less expensive, and confidential, while litigation results in a public, binding court ruling.

Is a mediated agreement legally binding?

Once both parties sign a written agreement reflecting the terms reached in mediation, it can generally be enforced like any other contract. Depending on the type of dispute, the agreement may also need to be incorporated into a court order to be enforceable.

Can mediation be done remotely?

Yes. Mediation sessions can be conducted by video as well as in person, depending on what works best for everyone involved.

How much does mediation cost compared to going to court?

Mediation is typically less expensive than litigation, since it usually takes less time and involves fewer court filings and procedural steps. Exact costs depend on the complexity of the dispute and how many sessions are needed to reach agreement.

What if the other party refuses to mediate?

Mediation only works if both sides are willing to participate, so if one party refuses, other options like conflict coaching or traditional litigation may be worth considering instead. We can help you think through what approach makes the most sense for your situation.

Is what I say during mediation confidential?

Generally, yes — confidentiality is one of the core features of mediation, and most communications made during the process aren’t admissible if the matter later goes to court. Specific confidentiality protections can vary depending on the type of dispute and any agreements signed at the outset.

Contact Us

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, at our office, or in your home or office.