Located in Garden City, New York

Select the Mediator | TOP
Mediation begins with retaining the neutral Mediator. You may contact me privately, or you may contact me through the Nassau County Bar Association Alternate Dispute Resolution Panel. Fees are comparable between private and bar association retention.

Mediation is voluntary. Selection of the mediator must be agreed to by the parties to the dispute.

If lawyers are involved, your lawyers can assist in selecting the mediator.

Pre-Mediation Issue Screen | TOP
A brief telephone call with the lawyers involved, or if there are no lawyers, with each of the parties who have agreed to mediation. The call will confirm whether this is a matter which can be mediated. Note: matters involving physical violence, abuse or neglect of children or seniors, or domestic violence, cannot and will not be mediated by BPA Mediation. The pre-mediation issue screen generally lasts 45 minutes.

Retain the Mediator | TOP
Once I have been selected as mediator, all parties to the mediation sign the Agreement to Mediate contract. Parties may include the senior (unless diminished capacity means they are unable to sign), including persons who live outside of New York State and cannot travel to New York for the mediation but who will participate remotely by computer- aided systems, and attorneys, if any.

After the Agreement to Mediate has been signed and returned to me and the fee paid, I will hold a pre-mediation telephone conference call with your attorneys to review the dispute and have documents delivered to me, if deemed necessary. If no attorneys are involved, I will hold separate pre-mediation telephone calls with each party (lasting up to 30 minutes) to review the dispute or issues the parties wish to mediate and receive any documents you wish to provide to me.

Mediation Begins | TOP
Mediation means facilitated conversations with me, as the neutral impartial mediator. The process may take one day or, it may take several days depending upon the complexity of the dispute, the interests the parties have in the dispute, and the creativity and commitment brought to the mediation process.

When we meet together this is called Joint Session. Sometimes we will meet separately during the mediation session and this is called Caucus.

As mediator, my goal is to promote each participant’s opportunity for risk-free self- expression, to learn more about each participant’s interests, relationships and ideas, and to encourage all parties to work hard, listen hard, keep an open mind, exercise patience, and facilitate creative options for resolution and settlement.

The Mediation Settlement | TOP
Once a resolution is reached, a written mediation settlement agreement is prepared and signed by all parties.

If a court proceeding is still needed, the settlement agreement forms the basis for telling the court what the parties agree on and what requires a court decision or order. For example, if mediation results in a decision about who will be a senior or a disabled child or adult’s guardian, the court must still hold a hearing to determine that the senior is incapacitated or the disabled child is intellectually disabled and that all parties agree to the desired or selected guardian.

If you have already started a legal proceeding but agreed to suspend or postpone the dispute until mediation is completed, you can return to court with the written mediation settlement for court approval and to complete your legal proceeding without a contested trial and for judicial confirmation of the agreement.

If you would like to learn more about me and my elder law, estate, and special needs planning law practice, please go to www.bpaelderlaw.com or www.bpasntlaw.com.

(516) 741-9175 PHONE .| .(516) 741-9444 FAX. |. info@BPAMediation.com
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