Sometimes mediation does not result in a settlement agreement. In these cases the parties need to consider their next steps.
For example, the parties may have had an agreement before the dispute about how future disagreements would be handled (a ‘dispute clause’). If so, then they need to refer to this dispute clause.
Parties may consider that they need to take legal action and may consult or continue to consult with lawyers.
One factor to be aware of is that sometimes parties are not ready to settle during the mediation. However, the discussion they have had begins a process, which leads them to settle in the weeks after the mediation. A good mediator will make themselves available to the parties if they can be of assistance to help with this post-mediation settlement process.
If the mediation has occurred during the litigation process, then lawyers need to be aware of the need to refocus their litigation efforts and move forward with the action.