What happens if an agreement is not reached at a mediation hearing?

If an agreement is not reached at a mediation hearing in Maryland, then both parties involved in the dispute will be obligated to return to the court system. This process may include such things as a trial or a formal hearing, which are used to resolve the dispute. In both of these cases, a judge would make the final decision on the dispute. In the case of mediation, the mediator would be given the opportunity to recommend a solution to the judge. Depending on the severity of the dispute, this recommendation may or may not be accepted by the judge. If the recommendation is accepted, then the court will enforce the agreed-upon solution. If the mediation fails, then the parties may also agree to enter into an arbitration procedure. This is where a neutral third-party evaluator will listen to both sides of the dispute and, after assessing the evidence, will make a suggestion as to how the dispute may be resolved. The parties then have the option of both agreeing to this suggestion or one party rejecting it. Ultimately, if an agreement cannot be reached, then the dispute must go before the court for a final decision. The judge will then make a binding decision and both parties are then obligated to follow the judgement.

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