If Mediation Fails - Next Steps

Mediation is a popular form of alternative dispute resolution that can help parties to resolve their differences without resorting to a formal legal process. However, there are times when mediation fails to produce a satisfactory resolution. In such cases, the parties may need to consider the next step. Here are some possible options:

1. Arbitration: Arbitration is another form of alternative dispute resolution that can be used when mediation fails. In arbitration, a neutral third party (the arbitrator) listens to both sides of the dispute and makes a decision that is binding on both parties. This can be faster and less expensive than going to court, but the parties give up some control over the outcome.

2. Litigation: If mediation and arbitration are not successful, the parties may need to resort to litigation. This involves taking the dispute to court, where a judge or jury will decide the outcome. Litigation can be a lengthy and expensive process, but it offers the opportunity to present evidence and legal arguments in a formal setting.

3. Negotiation: Even if mediation fails, the parties may be able to continue negotiating to resolve the dispute. They may need to reassess their positions and interests, and explore new options for compromise.

4. Walk away: In some cases, the parties may simply need to walk away from the dispute. This may be the best option if the costs and risks of continuing the dispute outweigh the potential benefits of a resolution.

In summary, if mediation fails to produce a satisfactory resolution, the parties may need to consider other options such as arbitration, litigation, negotiation, or walking away from the dispute. It is important to carefully consider the costs, risks, and potential benefits of each option before making a decision. If you are involved in a dispute, it is always best to consult with a qualified attorney who can help you evaluate your options and make an informed decision.