What happens if the parties reach an impasse during mediation?
If the parties reach an impasse during mediation, it means that they have been unable to come to an agreement on their dispute. This is also known as a deadlock. In Washington, when mediation reaches an impasse, the mediator will usually end the session and the parties may choose to resolve their dispute through other dispute resolution techniques like arbitration or litigation, or they may pursue other alternatives such as negotiation. When an impasse is reached, the mediator may attempt to resolve the dispute by suggesting different approaches or solutions to the parties. If the parties are still unable to come to an agreement, the mediator can inform the parties that the mediation has been unsuccessful and that they must pursue a different form of dispute resolution. When parties reach an impasse during mediation, it is important to remember that it does not mean that the mediation process was a failure. The parties may still be able to eventually come to an agreement without needing to pursue other forms of dispute resolution. Thus, it is important for parties to remember that the goal of mediation is to settle the dispute, and it is possible to do so even after an impasse is reached.
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