What happens if the parties cannot reach an agreement and the mediator is unable to help them?

If the parties are unable to reach an agreement during mediation and the mediator is unable to help them, then their dispute will not be resolved. In most cases, this means that the parties must turn to the courts for resolution of their dispute. The parties can either file a lawsuit or, if the dispute meets certain criteria, the mediator can recommend that the dispute be decided by a court-appointed special master. In the District of Columbia, unlike many other jurisdictions, there are no laws or regulations that require parties to attend mediation or to continue to mediate if they cannot reach an agreement. Each party may choose to pursue their own remedies, such as filing a lawsuit or resolving the dispute through other means, such as arbitration. It is important to note that if the dispute does not involve money, then it is not usually possible to obtain legal remedies for the dispute. Additionally, if the mediator believes that the dispute has reached an impasse, the mediator may terminate the mediation process. This can occur if the parties are not making any progress, the mediator believes that there is no point in continuing to mediate, or the mediator feels that there is a conflict of interest. If the mediator terminates the process, then the parties must continue to attempt to resolve their dispute through other means.

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