Mediation is an effective method of resolving disputes without having to go through the time and expense of a lawsuit. It involves a neutral third-party mediator who helps the parties involved in a dispute reach a mutually agreeable solution. However, what happens if the parties can`t reach an agreement in mediation?
If the parties can`t agree on a resolution during mediation, it doesn`t mean that the process has failed. In fact, it`s quite common for participants to leave mediation without a final agreement. If this happens, the parties can either choose to continue negotiations or pursue other dispute resolution methods.
If the parties agree to continue negotiations, the mediator can help facilitate further conversations and attempts to reach a resolution. Sometimes, it may only take a few more discussions to come to an agreement.
However, if the parties decide that mediation is not working or not the best approach for their situation, they can pursue other dispute resolution methods. This may include going to court, arbitration, or even just walking away from the disagreement.
Going to court is often the most traditional method of resolving disputes. However, it`s also the most expensive and time-consuming option. The court process may also result in a decision that neither party is satisfied with.
Arbitration is another option for resolving disputes that is similar to court. However, arbitration is less formal and more flexible than a court proceeding. It`s often quicker and less expensive than going to court. The parties select an arbitrator who listens to both sides and makes a final decision that is binding.
If mediation and arbitration fail to resolve a dispute, then the parties may need to consider other options, such as walking away from the disagreement, seeking outside advice, or even seeking counseling or therapy to address underlying issues that may be contributing to the dispute.
In conclusion, mediation is an effective way to resolve disputes. However, if the parties can`t come to an agreement during the mediation process, it doesn`t mean that the process has failed. There are still other options available, including continuing negotiations, going to court, or seeking arbitration. The most important thing is to choose a dispute resolution method that works best for all parties involved.