Here are some guidelines on how to handle a failed business dispute mediation session. Many individuals in Arizona at the initial stages of a business conflict may attempt to use alternative dispute resolution methods like mediation in order to save time as well as money. Unfortunately, although mediation is successful in helping with a broad range of business conflicts across Arizona, it is not always successful as a comprehensive method for addressing concerns. In this situation, there are several steps you can take to protect your interests and to move forward with your litigation claim.

Mediation is a great method for resolving disputes, but it’s not always successful. There are many different issues that can impact the outcome of mediation, but regardless of which one is stalling progress, you need an attorney’s insight right away.

Review Your Evidence

While it is possible that you may have discussed evidence over the course of your mediation sessions, you may want to review this material again as you prepare for trial. Unfortunately, mediation can be especially challenging if you have tipped your hand and shared your key evidence with the other party, but this does not mean that you will be unsuccessful in litigation simply because you have tried mediation first.

Consider Why Mediation Failed in the First Place

Some parties involved in business litigation disputes are simply too stubborn to accept reasonable settlements and may continue pushing the issue even though they could still be exposed to risk by moving forward with litigation case. Again, having your attorney provide you with information at this stage of your case can be extremely helpful for avoiding mistakes and preparing the most compelling strategy possible for court. Do not hesitate to get advice from an Arizona business litigation attorney as soon as possible.

Consult with a Knowledgeable Arizona Business Litigation Attorney

One of the most important things you can do after a mediation session has failed is to consult with an attorney. This is your opportunity to discuss what went wrong in the mediation that is stalling you and the other party from being able to come to a resolution. A knowledgeable Arizona business litigation attorney can use his or her experience to evaluate the legal facts of your case and to point you in the right direction about the most appropriate avenues moving forward. You may be able to move forward with litigation case, for example, that can allow you to address the legal issues involved.


This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding How to Handle a Failed Business Dispute Mediation Session, or any other litigation matters,  please feel free to contact Roger C. Decker at  480.461.5343, log on to,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.