What happens if the parties reach an impasse during mediation?

If the parties involved in a mediation case reach an impasse, meaning that they cannot come to an agreement that both parties accept, the mediator will close the process. At this point, the parties can either pursue the case in court, try outside a court system with alternative dispute resolution, or let the disagreement remain unresolved. In Wisconsin, if the mediation reaches an impasse, both parties have an opportunity to further discuss the issue and come to an agreement. The mediator may assist the parties to reach agreement, but they cannot force them to accept a certain outcome. The mediator may also suggest additional resources that may be useful to the parties in coming to a resolution. It is important to note that an impasse does not mean that the mediation process has failed. The parties have the opportunity to take the information and ideas from the mediation process and apply them outside of the mediator’s jurisdiction to help reach a resolution. In other cases, the parties may decide to continue with the mediation process, or they may opt to pursue other forms of dispute resolution, such as arbitration or litigation. The mediator is available to answer questions about these alternatives. Even if the parties reach an impasse, the mediation process may still be successful if the parties learn more about the issues, discover ideas that could potentially lead to a resolution, or learn new ways to communicate their needs.

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What happens if the parties reach an impasse during mediation?

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