Detailed Answer

In Louisiana, mediation is a common step to try to resolve partition (co‑owner) and succession (probate) disputes without a full trial. If mediation fails, you generally still proceed to court. Below is a clear, step‑by‑step explanation of what that looks like and the choices the court can make.

1. Mediation fails — case continues to court

If mediation does not produce a settlement, the parties normally return to the court. If the parties had an existing lawsuit (for example, a partition action or a succession proceeding), the court will schedule the next pretrial deadlines and set a trial date. If no lawsuit had yet been filed, a party who wants a judicial resolution must file a petition (for partition, for declaratory relief about ownership, or for succession matters).

2. If mediation was court‑ordered

When a judge ordered mediation, the judge usually receives a mediator’s report that indicates whether the case settled. If mediation fails, the judge will reopen the case, lift any stay, and move forward with scheduling. The judge may also order additional discovery or other dispute‑narrowing steps before trial.

3. What the court can order in a partition case

In a partition action involving immovable property, Louisiana courts try to carry out a fair division. The common remedies are:

• Partition in kind — dividing the property physically among co‑owners if a fair division is feasible.
• Licitation (public sale) — if a practical division is impossible or unfair, the court can order a public sale of the property and divide the proceeds among the co‑owners.
• Buy‑out — the court can approve a buy‑out where one co‑owner pays others to take full ownership.

The Louisiana Code of Civil Procedure contains the procedural rules for partition actions; for review, search the Code of Civil Procedure on the Louisiana Legislature website (e.g., look up articles governing partition actions): https://www.legis.la.gov/Legis/LawSearch.aspx

4. What the court can do in a succession (probate) dispute

When a mediation breakdown concerns succession issues (who inherits, validity of a will, or how estate property is divided), the court may:

• decide on will validity or interpretation;
• appoint an executor, administrator, or interim manager to protect estate assets;
• order partition of estate property (in kind or by licitation) to distribute proceeds among heirs;
• award money damages if one party breached fiduciary duties or mismanaged estate property.

Succession law and the rules for administration and distribution are found in the Louisiana Civil Code and related statutes; you can search those texts at the Louisiana Legislature website: https://www.legis.la.gov/Legis/LawSearch.aspx

5. Timing, evidence, and trial

After a failed mediation, prepare for the normal litigation process: discovery (documents, depositions), expert appraisal (often needed in partition actions), pretrial motions, and then a trial. Expect the court to require proof of ownership, valuations, contributions, improvements, debts against the estate or property, and any agreements among parties.

6. What if you settled in mediation but the other side refuses to comply?

If mediation produced an agreement and one party refuses to perform, the settlement can usually be reduced to a consent judgment or otherwise enforced by the court. That makes the settlement enforceable like any other court judgment.

7. Costs and possible fee awards

Litigating after a failed mediation typically increases legal costs and delays resolution. Louisiana courts can award costs and attorney fees in limited circumstances (for example, where one party acted in bad faith). Ask your attorney about fee shifting in your case.

8. Alternatives and interim relief

Even after mediation fails, you still have options short of a full trial:

• Try another mediator or form of ADR (binding arbitration, expedited neutral evaluation).
• Negotiate a buy‑out or temporary co‑ownership agreement while litigation proceeds.
• Seek interim court orders to protect property (for example, an order preventing sale or removal of assets).

Bottom line: A failed mediation does not prevent going to court; in most cases it simply restarts (or continues) the litigation timetable and puts the dispute back in the judge’s hands, where partition, licitation, appointment of estate administrators, or other remedies can be ordered.

Statute resources: To read the Louisiana statutes and rules that govern partition and succession procedures, use the Louisiana Legislature’s law search: https://www.legis.la.gov/Legis/LawSearch.aspx (search terms: “partition”, “partition action”, “succession”, or specific articles such as those in the Code of Civil Procedure that deal with partition actions).

Helpful Hints

• Bring property records, deeds, succession documents, appraisals, receipts for improvements, and accounting records to both mediation and any court proceedings.
• If an appraisal will matter, get one early. Courts rely heavily on credible appraisal testimony for partition or licitation values.
• Get legal advice before mediation. A lawyer can evaluate settlement offers and explain how a court is likely to rule.
• Remember: a mediator cannot impose a settlement. Only a judge can issue binding court orders; mediation settlements must be written and filed to be enforceable.
• If the other side won’t negotiate in good faith, document that conduct (emails, missed inspections, refusals to provide documents)—it can affect court orders and cost awards.
• Consider practical resolutions: a buy‑out can be faster and less costly than licitation; sometimes temporary co-ownership terms (who manages the property, who pays taxes, who gets rent) avoid immediate sale.
• Ask your attorney about timing: partition actions and succession disputes can take months to years depending on complexity, contested issues, and court schedules.
• Explore local court mediation programs and rules—some parishes have specific procedures or programs that affect timing and requirements.