8. Termination of mediation
A mediation may end in several ways. It may end because:
- the parties sign a mediated settlement agreement;
- one or more parties withdraw from the mediation;
- the mediator decides that continuing the mediation is unlikely to be useful;
- the mediation agreement provides for termination; or
- no settlement is reached.
If no settlement is reached, the parties may usually continue with litigation, arbitration or another dispute resolution process, subject to any court orders, arbitration rules, contractual obligations or applicable legal requirements.
The mediator should respect the parties’ decision if they decide to terminate the mediation or if they decide not to settle. Mediation is voluntary, and the parties cannot be forced to reach agreement.
Where settlement is not reached, the mediator may still help the parties identify what has been achieved during the mediation. For example, the parties may have clarified the real issues, exchanged important information, narrowed the dispute, identified areas of common ground, or resolved some but not all issues. This can help ensure that the parties do not leave the mediation with a sense of failure.
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