If parties go to mediation and a settlement agreement is not reached, has the time and money been wasted?
Usually no. While, ideally, an agreement will be reached as to resolution of the issues involved, that does not always occur. However, the mediation process can still have positive results. The process frequently defines and narrows the issues for a subsequent trial, allowing the trial to proceed much more efficiently and in less time. Quite often, even though the mediation process does not produce an agreement at the conclusion of the process, it leads to settlement at a later date, but before trial. The mediation affords the parties an opportunity to gain a better understanding of each others needs and interests, and to assess the strengths and weaknesses of their cases. This can give the parties more reasonable expectations of the final outcome at trial.
