What Takes Place When Court Ordered Mediation Quits Working? – Aspire Family Mediation

February 8, 2021
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Court ordered mediation is often a valuable tool for resolving disputes without the need for a lengthy and costly trial. However, there are instances when mediation does not lead to an agreement. Understanding what happens next can help parties prepare for the subsequent steps in the legal process.

The Mediation Process

Mediation involves a neutral third party, known as a mediator, who facilitates discussions between the disputing parties to help them reach a mutually acceptable agreement. The process is confidential and aims to foster open communication and collaboration. However, despite the best efforts of all involved, mediation can sometimes fail to produce a resolution.

When Mediation Fails

When court-ordered mediation does not result in an agreement, several steps typically follow:

  1. Report to the Court: The mediator will inform the court that mediation was unsuccessful. This report does not include details of the discussions but simply states that no agreement was reached.
  2. Return to Litigation: The case will proceed to the next stage of the legal process, which often involves further litigation. This can include additional discovery (fact-finding), filing or defending motions, and preparing for trial.
  3. Trial Preparation: Both parties will need to prepare for a potential trial. This involves gathering evidence, interviewing witnesses, and developing legal arguments. The trial process can be lengthy and expensive, and the outcome is ultimately decided by a judge or jury.

Alternatives to Trial

Even if mediation fails, there are still alternatives to going to trial that parties can consider:

  1. Arbitration: In arbitration, a neutral third party (the arbitrator) hears both sides of the dispute and makes a binding decision. This process is less formal than a trial and can be quicker and less costly.
  2. Settlement Negotiations: Parties can continue to negotiate directly or through their attorneys to reach a settlement agreement. Sometimes, the pressure of an impending trial can motivate parties to settle.
  3. Independent Barrister Review: Some mediation services, like Mediate UK, offer an independent barrister review. This involves a barrister reviewing the case and providing a report on what the likely outcome would be if the case went to court. This can help parties reach a realistic agreement based on legal advice.

The Role of Mediation in the Legal Process

While mediation may not always result in an agreement, it plays a crucial role in the legal process. It provides an opportunity for parties to communicate and understand each other’s perspectives, which can be beneficial even if the case proceeds to trial. Additionally, the discussions during mediation can help narrow down the issues and streamline the trial process.

Conclusion

When court-ordered mediation doesn’t work, it can be disappointing, but it is not the end of the road. Understanding the next steps and exploring alternative dispute resolution methods can help parties navigate the legal process more effectively. Whether through continued negotiations, arbitration, or trial preparation, there are multiple paths to resolving disputes and achieving a fair outcome.