When Mediation Is Unsuccessful: Next Steps and Contingency Planning

From the Perspective of a Certified Family Financial Mediator

Not every family law case resolves in mediation - and that’s okay. Mediation is a powerful tool, but it’s not a magic wand. Sometimes, despite good faith efforts, the parties reach an impasse that cannot be bridged in one session or at all.

At GHMA | LAW, we believe that even an “unsuccessful” mediation often provides clarity, narrows the issues, and sets the stage for resolution down the line. Understanding what comes next and how to prepare for it is a critical part of strategic legal planning.

Why Some Mediations Don’t Result in Agreement

There are many reasons a mediation may end without a full or partial settlement:

• One or both parties are not emotionally or financially ready to compromise
• There is a significant dispute over valuation or legal interpretation
• Outside factors (pending appraisals, discovery disputes, uncooperative third parties) are unresolved
• One side may be using mediation primarily as a procedural requirement before litigation

Unsuccessful mediation doesn’t mean the process failed. It often shines a light on what work still needs to be done. That insight has value.

The Role of the Mediator in a Stalled Mediation

Certified mediators at GHMA | LAW are trained to recognize when parties have reached a true impasse versus a temporary deadlock. Before concluding a session, we often help attorneys and clients identify:

• What issues are truly unsettled
• What further information is needed
• Whether a follow-up session might be productive

We also document the mediation status and ensure any partial agreements are properly memorialized to preserve progress.

What Happens After Mediation Ends Without Settlement

When mediation is deemed unsuccessful, the parties and their attorneys typically have several next steps:

1. Return to Court
The case returns to the litigation track. Judges may schedule a hearing, pre-trial conference, or trial depending on the matter and timing.

2. Further Negotiation
Some attorneys continue negotiating based on progress made in mediation. A final settlement may still be possible outside of court.

3. Additional Discovery or Valuation Work
If lack of information was the barrier, further discovery, business valuations, or appraisals may be ordered or pursued voluntarily.

4. Alternative Resolution Paths
In rare cases, parties may consider arbitration or private judging if trial is not desirable but a decision is needed.

Regardless of the next move, it’s important to consult with your attorney to re-strategize and recalibrate expectations.

Mediation Services at GHMA | LAW

Whether you're here at the suggestion of your attorney or independently seeking to understand how family law mediation works, the resources on our website are designed to provide clarity, not confusion. At GHMA | LAW, our certified Family Financial Mediators work with parties who are represented by counsel to resolve divorce-related disputes through structured, confidential negotiation.

While our mediators do not typically conduct sessions where one or both parties are unrepresented, we recognize that many individuals research mediation as a potential alternative to litigation. These resources are here to help you better understand how mediated agreements are reached. When divorcing individuals are prepared and supported by legal counsel, mediation often provides a more focused, respectful, and less adversarial path forward.

As Board Certified Specialists in Family Law and Certified Family Financial Mediators, we provide not only dispute resolution, but also clarity, structure, and an environment that honors the emotional weight of this transition. We offer these materials to help you understand the mediation process from both a practical and human perspective. If you have additional questions, we encourage you to speak with your attorney or reach out to us for more information.

Key Takeaways

• A mediation that ends without a full agreement can still clarify issues and move the case forward.
• Attorneys and mediators can use the session’s outcome to strategize next steps and determine whether future negotiations are worthwhile.
• Returning to court is one option, but not the only option, when mediation is unsuccessful.