What happens if the parties reach an impasse during mediation?

If the parties fail to reach an agreement during mediation, they have reached an impasse. In the state of California, the mediator is bound by law to keep the information confidential and the parties are not allowed to use the information in court should they choose to pursue litigation. When an impasse is reached, the mediator will usually lay out several options for the parties. The mediator may suggest that they consider taking a break to assess the situation and consider their options further. This break may be short-term (a few hours) or longer (a few days or weeks). The mediator may also recommend further negotiation or offer alternative dispute resolution methods such as arbitration. Some mediation sessions may also involve an evaluation process in which one party makes their case and the mediator assesses the parties’ positions. If the parties cannot come to an agreement, the mediator will close the mediation session and each party will resume the legal process. In some cases, the parties may be able to reach a settlement before the process reaches the court. However, if not, the court must decide the outcome based on the evidence and arguments presented.

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What happens if the parties reach an impasse during mediation?

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