Bernstein & Yang

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Mediation Services

What is Mediation?

Mediation is a form of conflict resolution which allows parties to agree upon the outcome of their disputes without court interference or input. Mediation can take place regardless of whether or not the parties involved have chosen to take their dispute to a court and allows the parties to be the final decision makers as to the outcome of their dispute.

Our Role

As trained mediators, Jennifer Bernstein and Marianna Yang act as third party neutrals to facilitate the conflict resolution process. We focus on the parties’ true interests in the matter and assist the clients in finding mutually agreeable options to resolve their disputes. Bernstein & Yang, LLP implements a facilitative model where the mediators do not evaluate the value of a case, adjudicate a result nor recommend options for the parties. As facilitative mediators, Bernstein & Yang, LLP focuses on the five principles of mediation: 1. informed decision making of the parties; 2. self determination of the results by the parties; 3. voluntariness of the parties and mediators to participate in mediation; 4. neutrality of the mediators; and 5. confidentiality of the mediation.

In addition, Bernstein & Yang, LLP strives to implement a co-mediation model where two mediators work together in each session with the parties. A co-mediation model provides a more stable structure where the principles of mediation are met more efficiently and effectively. However, in the spirit of providing client-based services Bernstein & Yang, LLP provides solo-mediation if requested by the parties.

There are several advantages for parties choosing to mediate their disputes. Most notably, parties have complete control and autonomy over all decisions and outcomes in the matter and no court, judge, mediator or other person will declare a “winner” or a “looser” although there may be a need for court approval in divorce matters. Additionally, mediation allows the parties to solve their disputes in a cost-effective manner. By opting for mediation, clients save time and money on attorney fees and court costs.

After each mediation session, Bernstein & Yang, LLP provides the parties with a memorandum of any terms the parties reach in that session and provides a list of things to accomplish in preparation for the next session. This efficiently and cost-effectively allows the mediators to communicate with the parties and diminishes misunderstandings. Since Bernstein & Yang, LLP does not charge its clients for this service, it allows the parties to take advantage of our fee system and utilize their billable time more efficiently.

Written Agreement

Once the parties agree upon the resolution to their issues, Bernstein & Yang, LLP will assist the parties in drafting a written agreement, if the parties choose, for an additional fee. This written agreement allows the parties finality to their disputes and ensures that all party concerns are addressed. It also ensures that the parties have the same information. This agreement may also act as a formal written instrument that can be used by either party should enforcement of terms become necessary. Keeping with our commitment to provide cost effective services to our clients, Bernstein & Yang, LLP never automatically charges this fee to clients. Since the parties may choose to draft their own agreement, our clients save time and money and retain complete power over the outcome of their dispute.

Fees

Bernstein & Yang, LLP’s basic mediation charge is $250 per hour and unlike other mediators we do not charge our clients an administration fee. Hourly fees only apply to “at the table” time with mediators. Therefore, although we provide many hours of email and phone consultations, research and administrative hours, our clients are not charged separately for these services. If the parties wish to engage Bernstein & Yang, LLP’s services to draft a “Memorandum of Understanding,” a separation agreement or any other documents, an additional fee applies. At any point in mediation, if the clients seek this service from Bernstein & Yang, LLP, the Firm provides an estimate of cost for document drafting and obtains a separate consent from the parties prior to engaging in this service. Additionally, clients are able to choose from the following payment options:

Pay as you go:	$250 per hour, billed in half hour increments.
Three Session Plan:	$1200 flat fee ($300 savings). Includes three two hour sessions. Refunds are available for unused sessions in a package. The refund amount is the difference between the cost of the package and the cost of the time spent in mediation calculated according to the hourly rate plan.
Five Session Plan:	$2000 flat fee ($500 savings). Includes five two hour sessions. The refund amount is the difference between the cost of the package and the cost of the time spent in mediation calculated according to the hourly rate plan.
Mediate Your Mediation Plan:	The clients and Bernstein & Yang, LLP will work together to formulate a unique option for mediation fees and use of mediation time.