Insight

What Happen After Mediation

The completion of a mediation session includes one of three typical results.

Kevin K. Fitzharris

Kevin K. Fitzharris

April 29, 2024 10:17 AM

(PART 3 OF A 3-PART SERIES)

Upon the completion of a mediation session, one of three results typically occurs:

  1. Settlement
  2. No Settlement
  3. Ongoing settlement negotiations

A few comments regarding these 3 outcomes is worth noting.

1. Settlement: The Agreement is binding

Assuming the case settles at mediation, clients must understand that the Mediation Settlement Agreement is a binding contract which can be enforced in a court of law, and that the parties may not later change their minds. If a party tries to wiggle out of a Mediation Settlement Agreement, the Settlement Agreement will likely be enforced by the Court and sanctions may be entered against the party trying to get out of the agreement reached at mediation. Sanctions may include attorney fees and paying the entire cost of the mediation session, which is typically split between the parties. Also, attempting to add new terms to the settlement post mediation is not advised. If one party wants confidentiality and/or non-disparagement language in a settlement and/or release agreement, it is best to make sure these terms are discussed during the actual mediation session before a final settlement is reached so everyone is on the same page.

2. No Settlement: A “Mediator’s Proposal.”

Sometimes after a mediation session in which a case does not settle, one party may have second thoughts. Do not hesitate to re-engage the mediator to have additional settlement negotiations post-mediation. Also, following a failed mediation session, do not hesitate to contact the mediator soliciting a “Mediator’s Proposal.” Typically, during a mediation process, the mediator comes up with his or her own evaluation on how a case should resolve. If the parties are unable to reach an agreement during a mediation session, sometimes a Mediator’s Proposal post mediation can lead to a settlement.

3. Ongoing Settlement Negotiations: “If at first you don’t succeed…”.

If settlement negotiations remain ongoing between the parties after mediation, do not hesitate to further involve the mediator with these ongoing settlement discussions. Sometimes the mediator can influence third parties, such as lien holders, subrogation carriers, and others, to help facilitate a settlement post-mediation. Also, do not forget that if a case does not settle at the original mediation session, sometimes the second or third mediation can be the charm. Complex cases with multiple parties often require 2 and 3 mediation sessions before a case can be resolved. Lack of a settlement at the first mediation should not be viewed as a failure, but merely the first step on the path toward resolution.

About the Author:

Mr. Fitzharris is a registered civil mediator, and a member of The National Academy of Distinguished Neutrals, and the Defense Trial Counsel of Indiana. With nearly thirty years of litigation experience, he has represented major litigants in numerous mediations, arbitrations, jury trials, and bench trials.

He can be reached at (260) 423-8874 or at kkf@barrettlaw.com.

Part 1: A Mediator's Perspective - Before Mediation

Part 2: A Mediator's Perspective- At Mediation

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights.

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Discover The Best Lawyers in Spain 2025 Edition


by Jennifer Verta

Highlighting Spain’s leading legal professionals and rising talents.

Flags of Spain, representing Best Lawyers country

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Paramount Hit With NY Class Action Lawsuit Over Mass Layoffs


by Gregory Sirico

Paramount Global faces a class action lawsuit for allegedly violating New York's WARN Act after laying off 300+ employees without proper notice in September.

Animated man in suit being erased with Paramount logo in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipment

The Future of Family Law: 3 Top Trends Driving the Field


by Gregory Sirico

How technology, mental health awareness and alternative dispute resolution are transforming family law to better support evolving family dynamics.

Animated child looking at staircase to beach scene

Introduction to Demand Generation for Law Firms


by Jennifer Verta

Learn the essentials of demand gen for law firms and how these strategies can drive client acquisition, retention, and long-term success.

Illustration of a hand holding a magnet, attracting icons representing individuals towards a central

Social Media for Law Firms: The Essential Beginner’s Guide to Digital Success


by Jennifer Verta

Maximize your law firm’s online impact with social media.

3D pixelated thumbs-up icon in red and orange on a blue and purple background.

ERISA Reaches Its Turning Point


by Bryan Driscoll

ERISA litigation and the laws surrounding are rapidly changing, with companies fundamentally rewriting their business practices.

Beach chair and hat in front of large magnify glass

Best Lawyers Expands With New Artificial Intelligence Practice Area


by Best Lawyers

Best Lawyers introduces Artificial Intelligence Law to recognize attorneys leading the way in AI-related legal issues and innovation.

AI network expanding in front of bookshelf

The Litigation Finance Mass Tort Gold Rush


by Justin Smulison

Third-party litigation funding is transforming mass torts, propelling the high-risk area into a multi-billion-dollar industry

Gold coins with data chart backdrop