What happens if mediation does not work?

If mediation does not produce a complete agreement, the unresolved issues return to the ordinary legal process. The parties may continue negotiating through counsel, participate in additional mediation, or proceed to hearings or trial depending on the case.

In a custody or placement dispute, unsuccessful court-connected mediation may lead to further family-court procedures, which can include appointment or continued involvement of a guardian ad litem, custody study or evaluation procedures where authorized, pretrial conferences, and ultimately a contested hearing or trial.

The fact that mediation was unsuccessful does not mean the case must remain entirely contested. Parties frequently reach partial agreements or resolve additional issues later as information is exchanged and positions become clearer.

Mediation communications are also subject to rules governing confidentiality and admissibility, so parties should understand that the mediator is not ordinarily a trial witness who reports negotiating positions to the judge.

Primary Wisconsin authorities: Wis. Stat. ch. 767 mediation provisions and Wis. Stat. § 904.085, where applicable.