When mediation does not produce a full agreement, the case returns to the litigation track and proceeds toward trial. Partial agreements are also possible, where some issues settle and the rest go before a judge. The mediation itself is confidential, so offers and concessions made during the session generally cannot be used in court.
A failed mediation is not wasted time. Brodzki Jacobs carries what was learned about the other side’s priorities and positions into the next phase of the case.
