Mediation is supposed to be a less stressful way to settle a dispute than going to court. In mediation, you sit down with a neutral third party who helps the parties talk things through, and hopefully, you walk away with a fair agreement. But what happens if mediation fails? If you and the other party can’t agree, does that mean you’re heading straight to court? Not necessarily. Let’s talk about what comes next and what options you still have.
Why Go to Mediation?
Mediation helps resolve disputes without the time, cost, and stress of going to court. The neutral third-party mediator is meant to guide the parties toward compromise. Mediation is used in everything from divorces to business conflicts, but it’s not guaranteed to be successful. If one party won’t budge or emotions run too high, mediation can fall apart—when that happens, you need a Plan B.
Mediation might fail for a few reasons, including:
- Emotional tension – A productive discussion is almost impossible if things get too heated.
- One-sided negotiations – There’s nowhere to go if one person won’t compromise.
- Unrealistic expectations – If one party expects to “win” rather than meet in the middle, mediation won’t work.
- Legal complexity – Some issues are too complicated to resolve without a judge’s intervention.
If mediation doesn’t work out, don’t panic. There are still ways to move forward.
What Are Your Options If Mediation Fails?
So, mediation didn’t work out. What now? You still have a few options before heading to trial.
Keep Negotiating
Just because mediation didn’t lead to a settlement doesn’t mean the conversation is over. An experienced attorney can still work behind the scenes to reach an agreement. Sometimes, people just need a little space before they compromise.
Try Mediation Again
Yes, really. If the first round didn’t go well, a second attempt might be worth considering, particularly if emotions have cooled down. Some courts even order another round of mediation before allowing a case to go to trial.
A second mediation attempt might also be prudent if new information emerges that substantially changes the picture or if both parties become more willing to compromise. Some people find success with a different mediator who takes a fresh approach.
Consider Arbitration
Arbitration is like a middle ground between mediation and trial. Instead of negotiating with a mediator, you present your case to an arbitrator, who makes a legally binding decision. It’s faster and less expensive than going to court, but arbitration often means accepting the arbitrator’s ruling.
File a Lawsuit
Litigation might be your next step if you’ve exhausted all other options. The court process after mediation involves filing a lawsuit, gathering evidence, and presenting your case to a judge (or sometimes a jury). It takes time and money, but sometimes, it’s the only way to get a resolution.
Ask for a Summary Judgment
If your case seems to be clear-cut, your attorney might file a motion for summary judgment. This means asking the court to decide without a full trial based on the facts that aren’t disputed.
What to Expect If Your Case Goes to Court
If you do end up in litigation, here’s a rough idea of what happens after your lawyer files your lawsuit:
- Discovery – Both sides gather evidence, exchange documents and information, and take depositions.
- Pre-trial motions – Attorneys may file motions to dismiss or ask the court to rule on specific issues before trial.
- Trial – If no settlement is reached, the case goes before a judge or jury, who will decide the outcome of the dispute.
Going to court can be expensive and time-consuming, so if there’s a way to avoid it, that’s usually the better route. That’s why a strong legal strategy from the start is so important.
Do You Have to Go to Court If Mediation Fails?
Litigation might be unavoidable if the other party won’t cooperate or the dispute is too complicated. The cost of going to trial after mediation can vary depending on the complexity of your case. Legal fees, court costs, and expert witness expenses add up, so it’s important to talk to your attorney about what to expect.
What’s Your Next Move?
If mediation doesn’t work, you still have options. Whether it’s continued negotiations, arbitration, or litigation, having the right legal team on your side can make all the difference.
If you’re unsure what to do next, Travis & Brann, PLLP is here to help. Call us at (406) 752-7550 to discuss your case. You can contact us online to schedule a consultation with one of our Montana personal injury lawyers. No matter what happens next, you don’t have to face it alone—we’ll find the best path forward together.
