If you and the other party involved in a court-ordered mediation session are unable to reach an agreement, the mediator must inform the court that no agreement was made. Even if you don't come to a resolution during the mediation, you can still try to reach one after the session. If the disagreement is so severe that neither party is willing to give in, the mediator may suggest taking a break for a few days, weeks, or even an indefinite period. If the parties are still unable to come to an agreement after mediation, the judge may not be pleased and may delay the case, suggest more mediation, or schedule a trial. Negotiations may be impossible if neither party is willing to compromise.
It is important to understand the differences between mediation and litigation, as well as between mediation and arbitration. If no agreement is reached during the mediation session, a proposal from the mediator after the session may lead to an agreement. Mediation provides an environment in which the mediator can help if the parties have reached an impasse, encouraging them to think creatively and even empathize with each other's situation. During this process, the mediator will make their own assessment of how the case should be resolved. After a failed mediation session, do not hesitate to contact the mediator and request a “mediator proposal”.Formally known as alternative dispute resolution (ADR), mediation is usually conducted in a more informal and relaxed atmosphere, led by a mediator.
The mediator will prepare and sign a Memorandum of Understanding (MOU) that lists all of the conditions agreed upon in mediation and states that both parties agree that it reflects a binding agreement. If one of the parties attempts to break this agreement, the court will likely enforce it and impose sanctions on them. In terms of mediation versus arbitration, a mediator does not have the authority to make a legally binding decision. During this evaluative approach, the mediator will take on the role of a fictitious courtroom. The mediator usually has extensive prior knowledge of the case since they meet with both parties before mediation begins and understand what led them to legal action.