Insight

What Happens 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

How to Sue for Defamation: Costs, Process and What to Expect


by Bryan Driscoll

Learn the legal standards, costs and steps involved when you sue for defamation, including the difference between libel and slander.

Group of people holding papers with speech bubbles above them

2026 Best Lawyers Awards in Canada: Marking 20 Years of Excellence


by Jamilla Tabbara

Honoring Canada’s most respected lawyers and spotlighting the next generation shaping the future of law.

Shining Canadian map marking the 2026 Best Lawyers awards coverage

The Family Law Loophole That Lets Sex Offenders Parent Kids


by Bryan Driscoll

Is the state's surrogacy framework putting children at risk?

family law surrogacy adoption headline

Best Lawyers 2026: Discover the Honorees in Brazil, Mexico, Portugal, South Africa and Spain


by Jamilla Tabbara

A growing international network of recognized legal professionals.

Map highlighting the 2026 Best Lawyers honorees across Brazil, Mexico, Portugal, South Africa and Sp

Algorithmic Exclusion


by Bryan Driscoll

The Workday lawsuit and the future of AI in hiring.

Workday Lawsuit and the Future of AI in Hiring headline

Unenforceable HOA Rules: What Homeowners Can Do About Illegal HOA Actions


by Bryan Driscoll

Not every HOA rule is legal. Learn how to recognize and fight unenforceable HOA rules that overstep the law.

Wooden model houses connected together representing homeowners associations

Holiday Pay Explained: Federal Rules and Employer Policies


by Bryan Driscoll

Understand how paid holidays work, when employers must follow their policies and when legal guidance may be necessary.

Stack of money wrapped in a festive bow, symbolizing holiday pay

Reddit’s Lawsuit Could Change How Much AI Knows About You


by Justin Smulison

Big AI is battling for its future—your data’s at stake.

Reddit Anthropic Lawsuit headline

US Tariff Uncertainty Throws Canada Into Legal Purgatory


by Bryan Driscoll

The message is clear: There is no returning to pre-2025 normalcy.

US Tariff Uncertainty Throws Canada Into Legal Purgatory headline

The 2026 Best Lawyers Awards in Chile, Colombia and Puerto Rico


by Jamilla Tabbara

The region’s most highly regarded lawyers.

Map highlighting Chile, Colombia and Puerto Rico for the 2026 Best Lawyers Awards

UnitedHealth's Twin Legal Storms


by Bryan Driscoll

ERISA failures and shareholder fallout in the wake of a CEO’s death.

United healthcare legal storm ceo murder headline

Florida Rewrites the Rules on Housing


by Laurie Villanueva

Whether locals like it or not.

Florida Rewrites the Rules on Housing headline

Alimony Explained: Who Qualifies, How It Works and What to Expect


by Bryan Driscoll

A practical guide to understanding alimony, from eligibility to enforcement, for anyone navigating divorce

two figures standing on stacks of coins

Can a Green Card Be Revoked?


by Bryan Driscoll

Revocation requires a legal basis, notice and the chance to respond before status can be taken away.

Close-up of a U.S. Permanent Resident Card showing the text 'PERMANENT RESIDENT'

Why Skechers' $9.4B Private Equity Buyout Sparked Investor Revolt


by Laurie Villanueva

Shareholder anger, a lack of transparency and a 'surprising' valuation.

Skechers shareholder lawsuit headline

New Texas Family Laws Transform Navigating Divorce, Custody


by Bryan Driscoll

Reforms are sweeping, philosophically distinct and designed to change the way families operate.

definition of family headline