Detailed Answer

Mediation is a common first step in Kentucky partition and probate disputes because it can be faster, cheaper, and less adversarial than a full court trial. However, mediation is typically voluntary and nonbinding unless the parties sign a written settlement. If mediation does not result in a signed agreement, you very often must continue the dispute in court to obtain a final ruling.

Here is what generally happens in Kentucky after mediation fails:

1. Case continues or is started in court. If you already filed a case and mediation fails, the litigation proceeds along the court schedule: discovery, motions, potential hearings, and then trial. If mediation took place before filing, the party seeking relief (for example, a partition-by-sale or appointment of a personal representative) will need to file the appropriate complaint in the proper Kentucky court and serve the other parties.
2. Partition-specific outcomes. In a partition dispute over real property, the court can order a physical division (partition in kind) if it is practical, or a sale of the property with proceeds divided between owners. The court may appoint a commissioner to handle appraisal and sale. A mediated settlement that is signed can be entered as a consent judgment or dismissal; a failed mediation leads back to the statutory partition remedies the court controls.
3. Probate-specific outcomes. In probate disputes (for example, contesting a will, disputes over estate administration, or removal of a personal representative), if mediation fails the court will decide contested petitions. The probate or circuit court can admit or reject wills, appoint or remove fiduciaries, order accountings, and enter other relief appropriate to administration of the estate.
4. Enforceable settlements vs. continued litigation. If mediation produces a signed settlement, that agreement becomes enforceable as a contract and can be incorporated into a court order or judgment so it is binding. If there is no signed settlement, mediation communications usually remain confidential and cannot be enforced — you must rely on litigation to get relief.
5. Costs, sanctions, and court-ordered ADR. Some Kentucky courts encourage or require ADR and may impose deadlines or cost-shifting for refusing to mediate in good faith. Even after one mediation fails, the court may order further ADR, appoint a special master or mediator, or set alternative case-management steps. Local rules vary, so check the court’s ADR rules and scheduling orders.
6. Timing. Court litigation typically takes longer than successful mediation. Expect a period of discovery (written questions, document requests, depositions), pretrial motions, and then trial. The exact timeline depends on the court’s calendar and the complexity of the issues.

Practical example (hypothetical): three co-owners of a house try mediation but cannot agree on price division or who keeps the home. Because mediation fails, one owner files a partition action in the circuit court asking the court to sell the property and split the proceeds. The court orders appraisals, appoints a commissioner to manage the sale, and eventually directs the sale and distribution. If, instead, the owners had signed a settlement at mediation, the court would typically enter a consent order and the sale could proceed under that agreement without further litigation.

Key legal references and resources:

• Kentucky Court of Justice — information and self-help resources for probate and civil cases: https://kycourts.gov.
• Kentucky Revised Statutes and searchable state law (look up statutes on partition, probate, estate administration, and remedies): https://apps.legislature.ky.gov/law/statutes/.

Note: statutes and local court rules set the precise procedures for partition actions, probate administration, and court-ordered ADR in Kentucky. If you need the statutory language for a particular remedy (for example, procedures for partition or for probate administration), consult the Kentucky Revised Statutes pages above or seek a lawyer who can point to the exact sections that apply to your situation.

Bottom line: Failed mediation does not eliminate your right to a court decision. You can either reattempt settlement (often encouraged) or move forward with litigation. The court then uses statutory remedies and its procedures to resolve the dispute.

Disclaimer: This article provides general information about Kentucky law and is not legal advice. For advice about your specific situation, consult a licensed Kentucky attorney.

Helpful Hints

• Before mediation, identify your bottom line: price, possession, or nonmonetary terms (e.g., who keeps certain items). Know what you will accept in writing.
• Bring documentation: deeds, title information, the will or probate documents, accountings, appraisals, and any correspondence about the property or estate.
• If mediation fails, ask the mediator whether a summary of unresolved issues can go to the court so the judge knows what remains in dispute and what issues were already narrowed.
• Keep copies of any proposed settlement language. A signed settlement is easier to enforce than a spoken agreement.
• Talk to a lawyer early about likely statutory remedies (partition in kind vs. partition by sale; probate remedies) and the probable costs and timelines of court litigation versus continued negotiation.
• Check local court ADR rules—some Kentucky circuits require mediation or other ADR early in the case and may have deadlines or forms to complete.
• If you expect a contested sale, get a current market appraisal and estimates for sale costs; courts consider fairness of sale and division of net proceeds.
• Consider limited-scope representation for mediation or for preparing court papers if full representation is unaffordable—ask a lawyer what you can do yourself and where you should get help.