Mediation

A Smarter Way to Settle Disputes

Not every legal issue needs to be a courtroom battle. In fact, many disputes are better resolved through conversation, compromise, and a neutral third party who can keep things on track. That’s where mediation comes in—and at Ray, Winton & Kelley, we help people find real solutions without the stress and cost of a drawn-out lawsuit.

Whether you're facing a family matter, a business disagreement, or a conflict over property, mediation can give you more control over the outcome—and often, a faster path to resolution.

What Is Mediation, and When Does It Make Sense?

Mediation is a process where two or more parties meet with a trained, impartial professional (the mediator) to try to resolve a dispute. It’s less formal than court and often more flexible, which makes it a good fit for situations where the parties still have some willingness to talk things through.

Mediation can be useful in:

Family law issues, including divorce, custody, and visitation
Business disputes between partners, vendors, or employees
Contract disagreements that don’t need to go straight to court
Neighbor or property disputes where maintaining a relationship still matters
Probate or estate conflicts involving family members

The goal isn’t to “win” or “lose”—it’s to find a solution both sides can live with. And when it works, mediation can save everyone involved time, money, and frustration.

What Happens During Mediation?

The mediation process is private and confidential. Each side gets a chance to explain their perspective, and the mediator works to guide the conversation toward common ground. This isn't about forcing an agreement—it's about helping people move from conflict to clarity.

Here’s what to expect:

A neutral setting. Mediation typically happens in a private office or neutral location, not a courtroom.
A structured conversation. The mediator helps manage emotions, keeps the discussion focused, and makes sure each side is heard.
A chance to speak freely. Because mediation is confidential, people often feel more comfortable discussing sensitive issues.
Control over the outcome. Unlike a court ruling, no decision is made unless both sides agree to it.

If an agreement is reached, it can be put into writing and made legally binding. If not, the parties still have the option to take the matter to court.

Why Choose Mediation Over Litigation?

Litigation can take months—or even years. It’s expensive, emotionally draining, and very public. Mediation offers an alternative that can be:

Faster. Many cases are resolved in a single day or over a few sessions.
Less expensive. You avoid the high costs of court filings, depositions, and trial prep.
Private. Unlike court, mediation happens behind closed doors.
Flexible. The solutions aren’t limited by legal technicalities—just what both sides are willing to agree on.
Preserving relationships. Especially in family or business disputes, mediation can help maintain or repair important relationships instead of tearing them apart.

Mediation doesn’t work in every situation—but when it does, it can be a powerful tool for resolution.

RWK’s Approach to Mediation

At RWK, we offer mediation services with the same level of care and preparation we bring to litigation. Our attorneys are trained mediators who understand both the legal and human sides of conflict. We know how to ask the right questions, uncover real concerns, and guide people toward solutions that make sense.

Depending on your needs, we can serve as:

Neutral mediators for parties seeking a third party to help reach an agreement
Advisors during mediation if you’re attending a session and need an attorney to guide and support you
Representatives if mediation is part of a broader legal matter we’re handling for you

Our focus is always on finding the most effective, practical path to resolution—one that protects your interests and reduces unnecessary stress.

Why RWK Is the Right Fit

At Ray, Winton & Kelley, we’ve built a reputation on practical, thoughtful legal work that puts our clients’ needs first. We don’t overcomplicate things or bury you in jargon. Instead, we focus on helping you understand your situation, make informed decisions, and take the right steps to protect yourself, your family, or your business.

With decades of experience serving Charleston and communities across West Virginia, we bring both deep legal knowledge and a grounded, real-world perspective to every case. Whether you're planning ahead, facing a dispute, or simply looking for clarity, you can count on our team to provide steady guidance and dependable representation.

FAMILY LAW, DIVORCE & DOMESTIC RELATIONS

Family relationships are complex, and the finances associated with those relationships are often intricate. We have the ability to understand the complexity of those relationships and provide our clients with effective counsel, especially when relationships end in divorce. We handle divorce cases at all income levels and have had particular success with high net-worth cases.

CORPORATE LAW & LITIGATION

Starting and operating a business requires many important decisions. We can help guide you through the process and protect your interests. The issues we handle include business incorporation, breach-of-contract claims, construction law, contractor’s liens, collection of debts, judgment enforcement, non-compete agreements, fraud, partnership disputes, operating agreements, employment matters, and business purchases and sales.

GENERAL CIVIL LAW & LITIGATION

General civil litigation involves seeking compensatory damages for some actual or perceived wrong. However, remedies in civil matters can also include specific performance of a contractual agreement, injunctive or other equitable relief.

REAL ESTATE LAW & LITIGATION

We handle a variety of real estate legal issues, including sales, leasing, financing, contract negotiations, title assurance, landlord-tenant relations and taxes. When litigation is necessary, we represent clients in disputes over construction, mechanic’s liens, easements, boundaries, condemnation and landlord-tenant issues.

LAWYER DISCIPLINARY PROCEEDINGS

Mark Kelley has represented numerous West Virginia attorneys in all stages of the disciplinary process. If you need representation in this area or just want a consultation to help you deal with a complaint, the firm is ready to assist you in the process.

EMPLOYMENT

Employment law encompasses thousands of federal and state statutes, administrative regulations and judicial decisions that cover a wide spectrum of the employer/employee relationship. We handle issues for employees or employers in such areas as collective bargaining, employment discrimination, unemployment compensation, pensions, workplace safety and workers’ compensation.

MEDIATION

The firm offers mediation services for business disputes, estate disputes and domestic relations cases. Mark and Sam have taken basic and advanced mediation courses through the West Virginia State Bar. Mark has mediated numerous cases in the above fields and is available to assist litigants and their attorneys in trying to resolve these often-complicated and contentious matters. Sam generally limits his mediation practice to family law disputes. It greatly enhances the chances of a successful mediation if your mediator has extensive experience dealing with the issues to be mediated.

Testimonials

Elizabeth Smith

Mr. Kelley is extremely responsive and knowledgeable when it comes to family law. He and his staff are have done an excellent job handling child custody issues quickly and effectively, highly recommend.

David Log

A very old and established law firm. Great for estate management and general law.

Leslie Richmond

Franki Parsons has been a life saver. Franki goes above and beyond to help you. So easy to talk to and you know she cares. Can't recommend enough.