What happens if the parties cannot reach an agreement in mediation?
In Wisconsin, if the parties involved in a mediation are unable to reach an agreement, the case will move on to the next step in the court process. This could include filing a lawsuit, engaging in alternative dispute resolution, or even trial. Mediation is voluntary and all parties must agree to the terms of the agreement in order to move forward with it. As such, if an agreement cannot be reached, the parties are free to continue through the court process. The court will then make a decision based on evidence presented to it. Evidence can include testimony from the parties involved as well as from various experts. The court can also look at records, documents, and laws. After looking at the evidence, the court will make a decision and give a ruling on the case. This ruling will be legally enforceable and will be binding for the parties involved. In some cases, the parties can still reach an agreement even after the case has gone to court. If this happens, the parties can go back to mediation and work to craft a legally enforceable agreement that all parties agree with. Mediation is a great way to resolve disputes without the stress and expense of litigation. However, if the parties cannot agree through mediation, they may need to go through the court system to get a final resolution.
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