Short answer

Yes — if mediation fails you will usually proceed with court-based litigation unless the parties reach another agreement or choose a different form of dispute resolution. In Georgia, mediation can narrow issues, produce partial settlements, or be a required step, but a failure to settle generally means the case moves forward to the appropriate court for hearing or trial.

Detailed answer: how the process works in Georgia

This section explains what typically happens after unsuccessful mediation in two common situations: partition of real property and probate disputes (contesting wills or estate administration). It describes who decides next steps, where you go, and what the court can do.

1) Partition disputes (co‑owners of real property)

Partition actions in Georgia are governed by the state’s partition statutes (O.C.G.A. Title 44, Chapter 6). If co‑owners try mediation to resolve how to divide or sell jointly owned land and the mediation fails, the usual path is:

• If a partition suit is already filed in superior court, the court will proceed with pretrial scheduling, discovery, and ultimately a hearing or trial. The judge can order partition in kind (physically divide the land) when reasonable, or order partition by sale and divide the proceeds among the owners. The court follows the partition statutes and case law when deciding which remedy is fair and practical. See O.C.G.A. Title 44, Chapter 6: https://www.legis.ga.gov/legislation/ga-code/44-6.
• If parties had no lawsuit pending and attempted mediation first, a failed mediation does not prevent one party from filing a partition action in court afterward.
• Partial agreements reached during mediation (for example, an agreement on valuation or a buyout price) can be put in writing, submitted to the court, and enforced as a binding contract or entered as a consent judgment if the parties ask the court to do so.

2) Probate disputes (will contests, estate administration fights)

Probate and estate matters (wills, administrations, guardianships, etc.) follow Georgia’s probate rules and statutes (see O.C.G.A. Title 53). If parties mediate contested probate issues and do not reach a resolution:

• If the dispute is already in probate court, the judge will continue with probate procedures: hearings on petitions, evidentiary hearings, and orders resolving estate administration, appointment of personal representatives, will validity disputes, accountings, and so on. See O.C.G.A. Title 53: https://www.legis.ga.gov/legislation/ga-code/53.
• If a will contest or other probate claim has not been filed in court before mediation, failure to resolve the matter in mediation leaves the parties free to file petitions or contests with the probate court (or to seek relief in superior court where permitted).
• Where parties reach a written settlement during mediation, the probate court can approve and enforce the agreement. If they do not settle, the court process will determine outcomes based on the statutory framework and the evidence presented at trial.

Mediation confidentiality and settlement enforcement

Mediation communications are generally confidential under Georgia practice and court ADR procedures. If a negotiation produces a signed settlement agreement, it is normally enforceable in court as a contract or by asking the court to enter the agreement as an order. If mediation fails, the confidentiality rules normally prevent using mediation statements at trial, but settlement terms (when reduced to writing and signed) are enforceable.

When the court can or will order mediation

Some Georgia courts encourage or require mediation/ADR in certain civil and probate matters. Check local court rules — many superior and probate courts have ADR programs. The Georgia Courts’ ADR information is available from the Administrative Office of the Courts: https://www.georgiacourts.gov/court-programs/alternative-dispute-resolution/. If the court ordered mediation and it failed, the court will simply continue to resolve the case on the scheduled calendar.

Practical consequences of a failed mediation

• Costs and time: expect higher attorney fees, discovery expense, and the time needed for hearings and trial preparation.
• Trial unpredictability: courts decide based on law and evidence, and outcomes may differ from what any party hoped to get via negotiation.
• Partial resolutions: even if mediation fails entirely, you may still settle parts of the case or narrow issues — this often reduces trial length and cost.
• Enforcement: if a party refuses to follow a signed mediated settlement, the other party can ask the court to enforce the agreement.

Typical timeline after failed mediation

1. Return to litigation schedule (discovery, motions, pretrial conferences).
2. Pretrial hearings and evidentiary exchanges (depositions, document production).
3. Trial or bench hearing in the appropriate court (superior court for partition; probate court or superior court for probate appeals or certain contests).
4. Post‑trial motions and judgment enforcement (appeals if applicable).

Helpful hints — how to prepare and what to expect

• Bring documentation to mediation and to court: deeds, title reports, appraisals, estate inventories, accountings, correspondence, and any written offers reached during negotiations.
• Understand the court’s remedies: for partition, be ready to explain why in‑kind division or a sale is fair; for probate, be prepared to support claims about the will’s validity or the administrator’s accounting.
• Ask the mediator about confidentiality rules and whether a signed settlement can be entered as an order if one is reached.
• Keep deadlines in mind: statute of limitations or probate filing deadlines might apply if you delay filing a suit after mediation fails.
• Consider narrow follow‑up mediation: sometimes a second focused session on valuation or a single disputed issue resolves the rest without a full trial.
• Budget for court costs and attorney time — litigation is usually costlier than a negotiated settlement.
• If an agreement is reached, get it in writing and ask the court to enter it as a consent judgment if you want it enforceable like a court order.
• Check local court ADR rules — some courts require mediation or set specific procedures; contact the local clerk or court’s ADR program for details: Georgia Courts ADR.

Where to look in Georgia law

Relevant statutory starting points (look up the exact sections that apply to your matter):

• Partition statutes (O.C.G.A. Title 44, Chapter 6): https://www.legis.ga.gov/legislation/ga-code/44-6
• Wills, trusts, and administration of estates (O.C.G.A. Title 53): https://www.legis.ga.gov/legislation/ga-code/53
• Georgia Courts — Alternative Dispute Resolution resources: https://www.georgiacourts.gov/court-programs/alternative-dispute-resolution/