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BILL KELLEY LAW
FIRM, LLC
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Main Street Mediators is the mediation branch of our law practices.
During mediation, we do not provide legal advice or legal services, however, we
are attorneys who understand the legal implications of your dispute.
You can choose a mediator for your case, or leave the decision up to the
court. We don't charge a higher rate than our non-attorney counterparts
for mediation services.
WHAT IS MEDIATION?
Mediation is a consensual dispute resolution process where a
neutral third party assists the disputing parties in coming to a mutually
agreeable solution. The mediator has no power to impose a decision as he would
if he were an arbitrator or judge. It will be your decision.
Mediation styles vary depending upon the nature of the case, the type of
participants and a variety of other factors including the personal style of the
mediator.
In some cases, the style of mediation may be facilitative. With this style, the
mediator does not give his or her personal opinion but helps the disputing
parties arrive at their own solution based on their own direction and goals.
Other cases may call for a more evaluative style where the mediator gives an
"advisory" opinion in order to help the parties come to an agreement. Some cases
use a combination of styles, especially when parties are represented by counsel.
In mediation, the parties focus on what they are willing to do to put the
dispute behind them. Parties are encouraged to communicate in an open and honest
fashion. The mediator may make use of individual private meetings with each
side. These meetings are called caucuses and are protected by the
confidentiality requirements of the mediation process. Therefore, unless express
permission is given to the neutral, he cannot repeat anything discussed within
the context of the caucus.
The mediation process is protected in Georgia. No evidence of anything
said or any admission made for the purpose of, in the course of, or pursuant to,
a mediation or a mediation consultation is admissible or subject to discovery,
and disclosure of the evidence shall not be compelled, in any arbitration,
administrative adjudication, civil action, or other non-criminal proceeding in
which, pursuant to law, testimony can be compelled to be given. You will
be required to sign a confidentiality agreement to this effect prior to
beginning the mediation process.
Therefore, parties are free to communicate in a more open fashion than in a
conventional court setting. There are no evidentiary rules to limit
communication since all communication is presumed confidential. With the active
participation by the parties and the help of the neutral, creative solutions and
options leading to settlement can be fashioned as an alternative to litigation.
In the case of Divorce Mediation, it is also important to remember
that you will not have to have all of your personal information aired in an open
courtroom. Mediation is a more personal and private way to resolve your
marital dispute.
Types of Mediation that we offer include:
- General Civil Mediation:
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Mediation for all civil matters.
- Domestic and Divorce Mediation:
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Specialized divorce mediation.
- Complex Business Mediation:
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Business expertise for your case.
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