It is difficult to “lose” at mediation. Why? Because the mediator is not a judge. There is no ruling in favour of one side or the other at a mediation. Instead the parties are working, with the help of the skilled mediator, to find a solution that everyone can live with.
What if no settlement is reached at mediation?
The parties simply return to whatever form of dispute resoltion they were trying before mediation – which may be litigation. Whatever went on at the mediation was without prejudice which means that no party can use what any other party said at the mediation to support their court case.
As the mediator I will try and stay in touch with the parties if no solution is reached to try and keep them communicating even after the mediation. I try not to give up on reaching a settlement.
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