Rachel believes that resolution is not possible unless all parties are heard. Her listening-first approach, and calm demeanor, set the tone for productive sessions. Mediation with us is not about winning or losing. It’s about exploring options, understanding perspectives, and creating workable outcomes. Whether the issues involve discrimination, harassment, unpaid wages, or contractual breaches, or goal is straightforward: to help people resolve disputes and move forward with confidence.

We understand that choosing the right mediator is an important decision. To help you assess whether ELM is a good fit for your dispute, we offer complimentary introductory Zoom calls with Rachel. During this call, you can discuss the nature of your case, ask questions about the mediation process, and get a sense of Rachel’s approach. If you decide to move forward, we will guide you through the next steps to schedule your mediation.

ELM offers transparent pricing options to help parties anticipate total costs in advance. We provide a flat-fee option that includes mediation preparation, pre-session conferences, and up to ten hours of mediation during the initial session. We also offer hourly rates for mediations and cap preparation costs so that parties are never surprised by bills after the fact. The hourly option may be preferable for matters where counsel expects a faster resolution or where the alleged damages are lower. Reach out for a current rate sheet.

ELM remains involved for as long as the parties wish to work toward resolution. We continue working with the parties until every reasonable path to settlement has been explored. That can include scheduling follow-up sessions, staying in close contact with counsel, and remaining engaged over time. Some matters resolve in a single day, while others unfold over several months as parties conduct additional discovery and reconvene once they have the information they need.

Most of our mediations involve represented parties, and when one party has counsel, we generally recommend that both do. At ELM, we also handle partnership disputes where individuals may be unrepresented. Mediation is designed to be accessible and effective with or without legal representation.

While virtual mediation is the most frequently requested format, ELM provides in-person mediations across New York State and can host sessions at our New York City and Albany locations. Please reach out to confirm availability for an in-person mediation in your region.

If the parties decide to move forward, Rachel will schedule a pre-mediation conference. During this call, the parties will discuss key logistics—whether the mediation will be in person or virtual, who will attend, and whether the session will begin with joint opening statements or move directly into caucus after introductions. Rachel will also outline the next steps that need to occur before the mediation takes place.

Before the mediation, Rachel will speak with counsel to determine whether there are documents or information that would help move the parties toward resolution. If additional materials are needed, counsel will agree on a timeline for exchanging them so that everything is shared in advance and the mediation can be as productive as possible. Rachel also asks that the plaintiff provide a mediation demand and that the defendant respond. This ensures both sides begin the session with a clear understanding of each other’s starting positions.

Pre-mediation submissions are typically requested one to two weeks before the mediation. Submissions should include a summary of the case, your understanding of the other side’s positions, and a history of any settlement discussions. They should also attach any documents exchanged in advance that are relevant to the mediation, as well as any damages calculations that have been shared. For cases already filed in court, Rachel will review the pleadings, so submissions do not need to restate all factual allegations.

Rachel reserves the entire day for the mediation, and the process is directed by the parties—using a combination of joint sessions and private caucuses focused on ensuring each party feels fully heard. Initial sessions typically run anywhere from four to ten hours. Throughout the mediation, she carefully protects all confidences, sharing only what may help move the process forward while respecting the privacy of each party’s communications.

If the parties reach a resolution during the initial session, Rachel will ask that the parties memorialize the agreement in a term sheet and commit to dates and next steps needed to finalize the matter. If the parties are unable to settle at the first session, Rachel continues to work with both sides—identifying obstacles, suggesting next steps, and offering additional sessions to keep the discussion moving toward resolution.

Yes, you can view all open mediation dates in the calendar. You can also see mediation dates that are being held for other matters. If you would like to hold any available dates, please email us at Booking@ELM.Law and include details about the parties so that we can determine if we are free of conflict and able to take on the mediation.

Please email Booking@ELM.Law to request a mediation hold. We will hold up to three dates for up to 72 hours while you are in the process of confirming with your clients. As mediations are confirmed additional hold dates will be released. Be sure to check back to see our updated availability.

Rescheduling is always permitted if requested at least three days in advance or when needed due to an emergency. Cancellations made ten or more days before the mediation are eligible for a full refund. Cancellations within six days of the mediation result in forfeiture of the minimum hourly deposit and 50% of flat-fee mediation costs. No refunds are offered for mediations canceled within four days of the scheduled session.