After mediation

What to do when mediation has not resolved the conflict

Mediation can lead to agreement, partial agreement or no agreement. If important issues remain unresolved, the process may still have clarified the conflict and shown what needs attention next.

No agreement does not always mean no progress

People sometimes judge mediation only by whether a final agreement was signed. That is one possible outcome, but it is not the only information produced by the process.

Mediation may identify the real issues, clarify what information is missing, reveal where participants have different expectations or establish that another process is needed.

Allow time before reacting

An unsuccessful or difficult mediation can leave participants disappointed, angry or exhausted. Unless a decision is urgent, allow time for the immediate emotional response to settle before sending messages or making major decisions.

If safety, legal time limits or another urgent issue applies, seek appropriate professional advice promptly.

Review what happened

Consider the process without focusing only on blame. Ask:

• Which issues were resolved or narrowed?
• Which issues remain?
• Was important information unavailable?
• Did anyone need advice before making a decision?
• Were the proposals realistic and detailed enough?
• Was the timing right for mediation?
• Would a different process or additional support be more suitable?

Check whether there was a partial agreement

Some issues may have been agreed even if the whole conflict was not resolved. Review any notes, written outcomes or draft agreements carefully.

Make sure you understand whether anything is intended to be binding. Obtain legal advice where appropriate, especially before relying on an agreement involving legal rights, finances, property, employment or family arrangements.

Consider whether another mediation may help

A further session may be useful when participants need more information, advice, time to consider proposals or a narrower agenda.

It may not be useful when a person is unwilling to participate, the process is unsafe or another decision-making process is required. Speak with the mediation service about what would need to change before another session could be productive.

Explore other options

The next step depends on the nature of the conflict. Options may include independent legal advice, counselling, workplace procedures, facilitated discussion, financial advice, a complaint process, arbitration, a tribunal or court process.

Choosing another option does not erase the work completed in mediation. The information gained may help you use the next process more effectively.

How CM-1 can help after mediation

Conflict Management for One can be used after a mediation that did not resolve all issues. It provides a focused one-to-one session to help you examine what happened, identify what remains within your control and consider realistic ways forward.

The session is not an appeal or a review of the mediator. The CM-1 practitioner does not decide who was right and does not continue the negotiation on behalf of either person.

The practitioner who provides CM-1 should not later mediate the same matter. This separation allows the CM-1 conversation to focus on your understanding, options and conflict management choices.

Focus on the next useful decision

You may not be able to resolve every part of a conflict immediately. You may still be able to decide how you will communicate, what advice you need, which issues require action and what boundaries or processes will help you manage the situation.