Short answer

Mediation is a voluntary settlement process. If mediation does not produce a signed agreement, you usually must continue with court proceedings to resolve a partition or probate dispute. The court can then decide the matter on the merits, order a partition by sale or division, resolve claims in the probate estate, and allocate costs. Mediation agreements that are signed can be enforced by the court.

Detailed answer — what to expect under Wisconsin law

Mediation’s role and effect

Mediation is an alternative dispute resolution tool. In Wisconsin, courts and parties commonly use mediation to try to settle civil, probate, and property disputes before trial. The mediator helps parties negotiate, but does not impose a decision. If the parties reach a written settlement, the parties or the court can enter that agreement as an order and make it enforceable.

When mediation fails

If mediation ends without a signed settlement, the underlying case usually returns to the court process. That means the party who filed the action (for example, a partition complaint or a probate petition) can pursue the normal procedural steps: pleadings, discovery, pretrial motions, and trial. The court will then decide the legal and factual issues.

Partition-specific outcomes

Partition cases (real property owned by two or more people where one party wants to divide or sell the property) are governed by Wisconsin’s partition statutes. If mediation fails in a partition action, the court may order one of the traditional remedies under the partition statute, including partition in kind (physical division) or partition by sale with proceeds divided among the owners. The statutes set out procedures for bringing a partition action and for the court’s authority; see Wis. Stat. ch. 842 for statutory language and remedies, including sale and appointment of a commissioner or referee to carry out sale procedures: https://docs.legis.wisconsin.gov/statutes/statutes/842 and https://docs.legis.wisconsin.gov/statutes/statutes/842/01.

Probate-specific outcomes

Probate disputes (questions about wills, administration of an estate, fiduciary duties, creditor claims, or distribution of assets) proceed in the probate division of the circuit court. If mediation does not resolve the dispute, parties return to probate court where a judge will decide contested issues. The court can issue orders about appointment or removal of personal representatives, allowance or disallowance of claims, distribution of assets, and surcharges for fiduciary breaches.

Costs, appeals, and enforcement

If mediation fails, parties should be aware of: (1) court filing and discovery costs that will continue to mount; (2) the possibility of court-ordered costs or attorney fees in certain situations; and (3) the right to appeal final court orders. If mediation produced a written settlement that the parties signed, it can be enforced as a contract and the court can enter judgment to enforce it.

Practical procedural steps after a failed mediation

1. Confirm whether any partial agreements were reached and put them in writing.
2. Check case deadlines (discovery cutoff, motion deadlines, trial date) and preserve evidence.
3. Consider limited motions that might narrow issues (e.g., summary judgment, motions to dismiss, or motions for protective orders).
4. Discuss the costs and benefits of going to trial versus trying additional settlement efforts, including another mediation or binding arbitration if all parties agree.

Local court services and mediation resources

Wisconsin courts provide mediation information and, in some counties, mediation programs for civil and probate matters. See the Wisconsin Court System’s mediation information for details on how mediation works in Wisconsin courts: https://www.wicourts.gov/services/mediation/.

Helpful hints

• Keep negotiation notes short and factual. If you reach any agreement, get it in writing and signed by all parties before leaving mediation.
• Ask the mediator whether any admissions or offers made in mediation are protected by confidentiality or will be admissible in court.
• When mediation fails, immediately review court deadlines and preserve evidence (documents, appraisals, communications).
• Consider a narrow pretrial motion to resolve discrete legal issues and reduce what the court must decide at trial.
• Get an up-to-date property appraisal and a clear accounting of estate assets if the dispute involves valuation or distribution.
• Ask your attorney about the costs of trial versus further negotiation. Sometimes a second mediation after focused discovery is more productive.
• If parties want a binding decision without a public trial, discuss binding arbitration as an alternative—only if all parties consent.
• If you are the party requesting partition, review Wis. Stat. ch. 842 to understand the remedies the court may order and the court’s process for sale or division.

Next steps and when to consult an attorney

If mediation fails, talk with an attorney experienced in Wisconsin partition or probate litigation as soon as possible. An attorney can help you evaluate settlement options, meet court deadlines, prepare motions, and represent you at trial. If you are on a tight timeline (for example, estate administration deadlines or a pending sale), do not delay in getting advice.