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

If an agreement is not reached at a mediation hearing in Washington, the parties can either go back to court or pursue other Alternative Dispute Resolution (ADR) options such as arbitration, or a private negotiation. If parties choose to return to court, they will proceed as though no mediation ever occurred. Any information that was exchanged during the mediation process, however, cannot be used as evidence in court. In arbitration, a neutral third-party decides the dispute, much like a judge. However, an arbitrator’s decision can only be overturned if it is shown that the arbitrator acted in an unskilled, biased, or inappropriate manner. In some cases, arbitration can be binding, meaning the parties must accept the decision. Private negotiation is an informal process in which the parties meet and attempt to come to an agreement without the assistance of a third-party. Private negotiations typically involve each side expressing the issues they would like to be addressed, as well as which terms they would be willing to accept. This process can be beneficial because it allows the parties to craft a tailored agreement based on their individual circumstances. No matter which ADR option the parties choose, it is typically less time-consuming and expensive than going to court. Additionally, the parties can retain more control over the outcome, as well as the confidential nature of the dispute resolution process.

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

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