Detailed answer

When mediation does not produce a settlement in a Missouri partition or probate dispute, you very often will need to turn to the courts to resolve the disagreement. Mediation in Missouri is generally non‑binding unless the parties sign a written agreement that says otherwise. If the parties do not reach a binding settlement, the underlying legal rights and remedies remain available in court.

Partition disputes (co‑owners who cannot agree about what to do with real property) are addressed by statute in Missouri. A co‑owner who wants the court to divide or sell the property can file a partition action in the circuit court under Missouri’s partition statutes. For an overview of those statutes, see the Missouri Revised Statutes, Chapter 525 (Partition of Real Property): RSMo Chapter 525.

If the disputed interest is part of a decedent’s estate, the probate process may affect how the property is handled. Property that belongs to an estate may require probate‑court supervision for sale or distribution, and the probate court may need to approve a sale or a proposed division depending on the estate administration status. If the estate has not been fully administered, or if the executor/personal representative is involved, you may end up filing pleadings in probate court or asking the probate division of the circuit court to decide related questions.

What the court can order

• Partition in kind: the court can order a physical division of the property when feasible.
• Partition by sale: the court can order sale of the property and distribution of proceeds when division in kind is impractical.
• Appointment of a commissioner or referee to handle valuation, sale, and distribution steps (the court often appoints a commissioner to sell or allocate proceeds).
• Allocation of liens, costs, and any adjustments for contributions toward improvements, taxes, or mortgage payments.
• Temporary or injunctive relief: the court can enter short‑term orders to preserve the property while litigation proceeds (e.g., restrain a proposed sale to a third party or set rules for use and maintenance).

Practical steps after mediation fails

If mediation fails, these are the steps parties commonly take:

1. Review the mediation record and any offers or draft agreement. Consider whether narrower issues could be re‑mediated or resolved by stipulation.
2. Decide where to file. For pure co‑owner partition disputes, file a partition action in circuit court under RSMo Chapter 525. If the dispute involves estate property or questions about administration, coordinate with the probate case or seek relief in the probate division of the circuit court.
3. Prepare pleadings and evidence: title documents, deeds, mortgage statements, tax records, appraisals, proof of contributions or improvements, and any written settlement offers.
4. Consider interim relief: ask the court for a temporary order about who occupies, insures, or maintains the property while the case proceeds.
5. Consider alternatives to full litigation: binding arbitration, renewed focused mediation on a single issue (e.g., price), or a buyout proposal tied to a court ordered appraisal and timeline.

Costs, timing, and likely outcomes

Expect litigation to be more expensive and slower than a successful mediation. Partition actions typically result in either a division of the property or a sale with proceeds divided among owners. If the property is part of an estate, the probate process can add steps and court supervision. Courts also decide adjustments for liens, contributions, and unequal ownership shares.

Confidentiality and use of mediation communications

Communications made during mediation are commonly treated as confidential and often are not admissible at trial. That confidentiality encourages settlement discussions, but it also means the court generally will not see the details of what was proposed in mediation unless the parties reduced an agreement to a signed writing. Check the terms of your mediation agreement and any applicable Missouri rules or local court procedures that govern confidentiality.

Where to look in Missouri law

Missouri’s partition statutes are organized at RSMo Chapter 525: https://revisor.mo.gov/main/OneChapter.aspx?chapter=525. For guidance about court procedures and available relief in probate‑related disputes, review the circuit court rules and the probate statutes relevant to estate administration for your county. The Missouri Courts also provide general information about dispute resolution and court processes at the Missouri Courts website: https://www.courts.mo.gov/.

If you are unsure whether your dispute should proceed in a partition action or be handled as part of probate administration, consult a Missouri attorney who handles partition and probate matters. An attorney can evaluate ownership records, the estate’s status, creditors’ claims, and the practical options for settlement or court resolution.

Disclaimer: This article is educational only and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific situation in Missouri, consult a licensed Missouri attorney.

Helpful hints

• Before filing suit, get a current title search and at least one independent appraisal to understand value and liens.
• Document payments you made for taxes, mortgage, insurance, and improvements—these can affect how proceeds are divided.
• If one owner lives in the property, ask the court about temporary occupancy or rent‑credit orders so use and possession don’t become a separate fight.
• Consider a stipulated limited trial on valuation first, then resolve division or sale terms—this can narrow contested issues and reduce cost.
• Keep mediation communications organized—if you later reach a signed agreement, you will want the terms clear and enforceable in court.
• Explore binding arbitration if both sides want a faster, final decision without a public trial. Arbitration agreements can be entered before or after mediation fails.
• Talk with an attorney early about whether the matter should be in the partition docket or handled in probate; the wrong forum can waste time and money.