Can Parties Still Go To Court If Mediation Or Arbitration Is Unsuccessful?

Can Parties Still Go To Court If Mediation Or Arbitration Is Unsuccessful?

Real Estate Law: Can Parties Still Go to Court if Mediation or Arbitration is Unsuccessful?

In real estate transactions and disputes, conflicts can arise between parties, leading to disagreements and potential legal actions. In an effort to avoid the time, cost, and adversarial nature of traditional court proceedings, parties often turn to alternative dispute resolution methods, such as mediation and arbitration. These processes aim to facilitate communication, encourage compromise, and reach a resolution outside of the courtroom. However, there are instances when mediation or arbitration may not produce a satisfactory outcome, leaving parties wondering if they can still resort to litigation. In this article, we will explore the possibilities of going to court after unsuccessful mediation or arbitration and the factors to consider in such situations.

Understanding Mediation and Arbitration:

Before discussing the possibility of going to court, let’s briefly differentiate between mediation and arbitration:

1. Mediation:
Mediation is a voluntary and informal process where an impartial third party, the mediator, facilitates discussions and negotiations between the parties involved in the dispute. The mediator does not make decisions or impose solutions but instead assists the parties in reaching a mutually agreeable resolution. The process is non-binding, and any agreement reached is only binding if the parties choose to sign a legally enforceable settlement agreement.

2. Arbitration:
Arbitration is a more formal process than mediation. It involves an arbitrator or a panel of arbitrators who act as private judges to hear evidence and arguments from both parties. The arbitrator(s) then render a decision, known as an award, which is usually binding on the parties involved. Arbitration may be binding or non-binding, depending on the terms agreed upon by the parties before the process begins.

Unsuccessful Mediation or Arbitration: The Next Steps:

Exploring Additional Mediation or Arbitration Sessions: If the initial mediation or arbitration sessions do not lead to a resolution, the parties may choose to schedule additional sessions. Sometimes, a little more time and effort can lead to a breakthrough in the negotiation process.

Redefining the Dispute Resolution Process: If the parties feel that they can still benefit from mediation or arbitration but are dissatisfied with the current mediator or arbitrator, they may consider selecting a different neutral third party to facilitate the process.

Negotiating Informally: Parties can engage in informal discussions and negotiations outside of mediation or arbitration to try and find common ground. This approach is more flexible and may allow the parties to explore creative solutions.

Seeking Legal Counsel: If mediation or arbitration does not produce a satisfactory outcome, parties may seek legal advice from attorneys specializing in real estate and dispute resolution. An attorney can provide guidance on the best course of action based on the specific circumstances of the case.

Litigation as a Last Resort: If all attempts at mediation and arbitration prove unsuccessful, litigation in court becomes a viable option. However, before filing a lawsuit, parties should carefully consider the potential costs, time, and uncertainty associated with litigation.

Factors to Consider Before Going to Court:

Time and Cost: Litigation can be a lengthy and expensive process. Parties should weigh the potential benefits of going to court against the time and money it may take to resolve the dispute through litigation.

Judicial Resources: Courts have limited resources and significant caseloads. Parties should consider whether their case is appropriate for court litigation and whether the court system is the best forum to address their specific dispute.

Adversarial Nature: Litigation is inherently adversarial, with each party advocating for their own interests. This can strain relationships and make future collaboration difficult.

Public Record: Court proceedings and records are generally public, which means that the details of the dispute may become accessible to the public.

Finality of Court Decisions: Court decisions are generally final and subject to limited avenues for appeal. Parties should consider the risks associated with accepting the court’s decision as binding.


Mediation and arbitration are effective methods for resolving real estate disputes without resorting to traditional litigation. They offer parties the opportunity to maintain control over the outcome, collaborate in finding a resolution, and potentially preserve relationships. However, when mediation or arbitration is unsuccessful, parties may still have the option to go to court.

Before deciding on litigation, parties should carefully assess the situation and consider factors such as time, cost, public record, and the adversarial nature of court proceedings. Seeking legal advice from qualified real estate attorneys can provide valuable insights into the best course of action based on the specific circumstances of the case.

It is essential for parties to remain open to communication and compromise throughout the dispute resolution process. In some cases, even if the initial attempts at mediation or arbitration fail, continued negotiation or a change in the approach may lead to a satisfactory resolution without resorting to litigation.

Disclaimer: The information provided in this article is for general informational purposes only and should not be construed as legal advice. Consult with a qualified attorney for personalized guidance pertaining to real estate disputes, mediation, arbitration, and litigation.

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