What Happens if There Is No Resolution in Mediation?
Oct. 31, 2023
Mediation offers people an alternative option for dispute resolution and helps them avoid the sometimes lengthy—and always costly—process of litigation in court. But what if a resolution cannot be reached through mediation? What if you go through the mediation process in good faith and nothing is resolved? What are your remaining options?
While these questions may seem overwhelming in your current situation, there is knowledgeable help available from trained legal professionals. With the help of a skilled attorney, you can receive the guidance and representation you need to seek out alternatives to resolve your dispute—even if mediation is not fruitful.
If you are located in the greater Kansas City area, and you are looking to learn more about what you can do if mediation has not helped resolve the conflict, reach out to Joseph A. DeWoskin, P.C. today to schedule a consultation to discuss your situation and explore other options to pursue a favorable outcome. Attorney DeWoskin proudly serves clients throughout Johnson, Leavenworth, and Wyandotte counties in Kansas, and the counties of Jackson, Cass, and Platte in Missouri.
What Is Mediation?
In legal terms, the mediation process involves the opposing parties in a conflict working with an impartial third party, known as a mediator, to seek out a mutually-agreeable solution without having to go through the added stress, frustration, and expense of litigation. The mediator facilitates communication and assists the parties in exploring their interests and needs, ultimately helping them to reach a resolution that addresses their concerns.
While mediation is a commonly used and effective method of dispute resolution, it is important to note that it may not always result in a satisfactory outcome for both parties due to the complexity of certain cases or the inability to find common ground. Nevertheless, it remains a valuable option that provides an alternative to the adversarial nature of traditional litigation.
Common Outcomes of Mediation
In the mediation process, there is a range of potential outcomes, including:
The parties reach a full settlement on all issues and end the process with a legally-binding settlement agreement.
The parties are able to settle some issues through mediation but are left to go through litigation to resolve the remaining disputed issues.
The parties are unable to reach an agreement and take a break from mediation with the intent to resume mediation at a future date.
The parties are unable to come to an agreement, and the mediator offers a recommendation to the parties’ legal representatives.
There is no agreement reached, no recommendation is accepted, and the parties reach an impasse.
In many cases, the mediation process can continue in good faith with the hope that a resolution will eventually be reached. There are instances, however, when this is not accomplished, and both parties are left to search for other options.
What Happens When There Is No Resolution?
If an acceptable outcome cannot be reached through mediation, there are some potential avenues to consider, such as:
Try mediation again: Though mediation is helpful, it is not an instant fix. Though you have been unable to reach an agreement thus far, that does not necessarily mean more mediation cannot eventually bring about a better result.
Pursue negotiations on your own: Though not often a fruitful or stress-free option, trying to work things out privately between the two opposing parties may potentially bring things to a resolution.
Go to court: If all else fails, litigation is still an option. Though it is longer, more contentious, and more expensive, you will have a high probability of reaching a definite outcome.
Throughout the entire process, having a dedicated attorney on your side to represent your best interests and protect your rights is the key.
Let an Experienced Attorney Help You Seek a Resolution
You don’t have to feel like you’re out of options if your attempt at mediation fails to produce a viable outcome. There are other avenues available to seek a resolution. By working with an experienced attorney, you can learn more about other legal options to help resolve the dispute. With the help of your attorney, you can have confidence that you won’t be stuck at a dead-end forever and that an end to the conflict can be in sight. Let your attorney explain your options and help you determine the best course of action to reach a better result.
Contact Joseph A. DeWoskin, P.C. today to schedule a consultation to get the process started. Attorney DeWoskin is ready to meet with you to learn the details of your situation, determine why mediation talks broke down, explain other potential options that may be available to you, and lead you through whatever process you choose to pursue. If you are still without a resolution after an attempt at mediation, reach out today to explore other paths. Joseph A. DeWoskin, P.C. serves individuals throughout the greater Kansas City area, including the counties of Wyandotte, Leavenworth, and Johnson in Kansas, and Platte, Cass, and Jackson in Missouri.