What happens if the parties reach an impasse during mediation?

If the parties reach an impasse during the mediation process in the District of Columbia, the mediator will suggest that the parties take a break from the proceedings. This break helps the parties to reflect on their positions and decide if they want to continue in their effort to reach an agreement or end the mediation without an agreement in place. If the parties decide to end the mediation without a resolution, the mediator will document the issues discussed and any agreements reached during the mediation process. This document is usually called a Mediation Memorandum of Understanding. It provides evidence that the parties attempted to mediate their dispute but ultimately could not reach an agreement. The mediator may also provide a verbal or written report to the parties detailing the issues discussed, agreements reached, and the reasons why the parties reached an impasse. This report is usually confidential and not intended for public review. In most cases, the court will order the parties to participate in mediation before a formal trial. When the parties reach an impasse during mediation, the court will then proceed to a trial to determine a resolution.

Related FAQs

What are the benefits of using mediation in a legal dispute?
When should mediation be used instead of litigation?
Who can provide legal advice during mediation?
What types of disputes can be resolved via mediation?
What happens if the parties cannot reach an agreement in mediation?
How does mediation differ from arbitration?
What is the role of the mediator in cases of domestic violence?
Are there any restrictions on the types of agreements that can be made through mediation?
What types of cases can be mediated?
What rights do parties have during mediation?

What happens if the parties reach an impasse during mediation?

Related FAQs

Related Blog Posts