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 and the mediator is unable to help them, the case will almost certainly need to go to court. In most cases involving mediation, the law requires that the parties involved arrive at a mutually satisfactory conclusion without the help of the court. However, if a resolution is not possible, the parties will have to go before a judge to settle their case. In Pennsylvania, the court will listen to both sides and then make a binding decision that all parties must abide by. This decision may include an award of costs and damages that must be paid by one party to another. The outcome of the court case depends on the specific facts of the case and the applicable law in Pennsylvania. The court may also refer the parties to a different type of dispute resolution, such as arbitration or collaborative law. This gives the parties a chance to resolve their dispute in a different way, potentially avoiding the time and expense of a full trial. No matter the outcome, the parties will have to live with the decision, since it is legally binding. It is important to note that mediation is usually a confidential process and the details of the dispute are not normally made public.
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