If mediation is unsuccessful and a settlement is not reached in a personal injury case, there are still many options available to those involved. This is one of the reasons it’s such a good idea to attempt mediation.
If a settlement is not reached, the mediator can assume a more aggressive role and act as the court – offering disputing parties insight into a potential outcome if the case goes to trial. Parties can also attempt a different type of alternative dispute resolution, such as arbitration. If no resolution is reached through any ADR methods, the case goes to trial.