What remedies are available if parties cannot reach an agreement through mediation?
When parties in Wisconsin cannot reach an agreement through mediation, there are several remedies available. First, the parties can continue to attempt to reach an agreement without the involvement of a mediator. This is known as "informal mediation" or "self-mediation." Parties can try to reach an agreement by having conversations and negotiating on their own. Second, the parties can pursue the assistance of an attorney or a mediator. This is known as "litigation" and is often done when the parties feel that their disagreement is not being adequately addressed through the mediation process. An attorney can help the parties negotiate and reach a mutually beneficial agreement. Third, the parties can also pursue alternative dispute resolution (ADR) methods such as arbitration or collaborative law. In arbitration, a neutral third party evaluates the dispute and makes a binding decision on the dispute. Collaborative law focuses on resolving disputes without going to court and usually involves a team of professionals. Finally, the parties can choose to go to court and have a judge or jury make a decision. This is known as a "trial" and if the parties cannot reach an agreement, the judge or jury will decide the dispute. All of these remedies may be used to help the parties reach an agreement. Ultimately, it is up to the parties to decide which remedy best fits their situation.
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