What do I need to do if the mediation doesn't settle?

If you do not reach a settlement at mediation, the mediation process will end and the case will continue as it was before the mediation. The parties may need to inform the court that they did not reach a settlement at mediation.

In these circumstances, all of the information and offers exchanged within the mediation process also end with the mediation. Therefore you are not bound by any offers made within a mediation and the other party cannot refer to them in court.

Commonly,  where two parties are close to reaching a settlement on the mediation day, they may agree to extend the mediation process for a period of time (for example 14 days) to allow them to consider any further offers.  If the parties agree to do this, the mediator will discuss clearly with the party the next steps and the process. The mediator will then continue to work with the parties during the extension period. It is the party’s choice to agree to any extension of the mediation and they can end the mediation at any time.

Where a mediation process has finally ended with no settlement, the parties will be able to proceed as they were previously.  If a court process has been paused to allow mediation to happen, the parties will need to let the court know that mediation has been unsuccessful so that the court process can continue.