Quick answer
If mediation does not produce a full agreement in a Washington partition or probate dispute, you do not have to accept the mediator’s outcome — but unresolved issues usually move back into the court process. Mediation is designed to encourage settlement, not to replace the court. If parties cannot settle, the case proceeds to whatever court process applies (for partition actions, the partition action continues; for probate disputes, contested matters proceed in probate/superior court). Courts and local rules may have additional ADR steps, and mediation communications are generally protected under Washington’s mediation laws. This is educational information, not legal advice.
How mediation fits into a partition or probate dispute
Mediation is a negotiation tool. In Washington, mediators help parties discuss settlement options, carve out issues, and sometimes reach partial agreements. Mediation can be voluntary or ordered by the court. Many counties and judges encourage or require some form of alternative dispute resolution before trial.
What happens immediately after an unsuccessful mediation
- Settlement talks end or continue informally. Parties can keep negotiating on their own or through counsel even after a formal mediation session ends.
- The court schedule and litigation deadlines generally remain in effect. If the case was stayed for mediation, the stay will usually be lifted and deadlines will resume.
- If mediation was court-ordered, the judge will expect a status report. The court may set new deadlines, require another ADR session, or move the case toward trial.
If the parties still disagree — the likely courtroom steps
Partition disputes: If you started or stayed a partition action, the case will proceed under Washington’s partition law. The court can order a partition in kind (divide the property) or a sale and division of proceeds if division is impractical. See the Partition chapter of the Revised Code of Washington: RCW Chapter 7.60 (Partition).
Probate disputes: Contested probate matters (will contests, disputes between an executor/administrator and heirs or beneficiaries, accounting disputes, etc.) proceed in the probate division of the superior court under Washington’s probate statutes. The court will resolve contested issues by motion hearing, bench trial, or jury trial where allowed. See Washington’s probate statutes: RCW Title 11 (Probate).
Evidence and mediation confidentiality
Mediation communications are generally confidential under Washington’s mediation law, so offers and statements made in mediation are usually not admissible at trial. Washington’s mediation statutes protect the confidentiality of mediation communications and related records. For the state mediation statute, see RCW Chapter 7.07 (Uniform Mediation Act).
Practical consequences of going to court instead of settling
- Time and cost: Trials normally take longer and cost more than negotiated settlements.
- Control: A judge (or jury) decides the outcome, not the parties.
- Risk: Court rulings are binding and can be appealed only on limited grounds.
- Possible remedies: In partition cases, remedies include dividing the property, ordering sale, and allocating proceeds. In probate, remedies can include removal of fiduciaries, ordering accountings, awarding attorney fees in limited circumstances, and enforcing or invalidating wills or transfers.
Options between failed mediation and full trial
- Try another mediation or structured settlement session focused on narrower issues.
- Request a neutral evaluation, arbitration, or a settlement conference with the judge (if the judge’s procedures allow).
- Negotiate partial settlements that simplify the issues for a shorter, cheaper trial.
- Use discovery and motions to narrow legal issues before trial.
When to involve a lawyer (or keep your lawyer engaged)
If mediation fails, you should consult or continue working with an attorney who understands Washington partition and probate practice. An attorney can:
- Advise whether to pursue further settlement attempts or prepare for trial.
- Preserve constitutional and statutory rights; file necessary motions in time; and manage evidence and discovery.
- Explain how state statutes like RCW Chapter 7.60 and RCW Title 11 apply to your facts.
Checklist of next steps if mediation does not resolve your case
- Confirm whether the court stay has ended and which deadlines remain.
- Ask the mediator for a written report only if required (and mindful of confidentiality rules).
- Decide whether to attempt further ADR, arbitration, or proceed toward trial.
- Collect and preserve all documents, photos, appraisals, title records, and communications relevant to the dispute.
- Talk to an attorney about trial strategy and possible fee exposure.
Helpful resources
- Washington statutes and code: Revised Code of Washington (RCW)
- Washington courts ADR information: Washington Courts — Alternative Dispute Resolution
- Partition law chapter: RCW Chapter 7.60
- Probate statutes (general): RCW Title 11
- Mediation confidentiality: RCW Chapter 7.07
Helpful Hints
- Bring complete documentation to mediation — clear records increase settlement chances.
- Clarify any court-ordered ADR deadlines before mediation starts.
- Use mediation to narrow the dispute even if you can’t fully settle — partial agreements save time and money.
- Don’t disclose privileged or irrelevant personal information during mediation.
- If you’re worried about costs, ask the court or court ADR program about fee waivers or low-cost mediation options.
- Keep a written record of agreed-upon follow-up steps after mediation; confirm these with counsel or the court if required.