What happens to our contract dispute if mediation does not resolve it?

If mediation ends without a full agreement, the mediator declares an impasse and the dispute proceeds along whatever track the parties' contract and the court require — litigation, or arbitration if the contract so provides. Any partial agreements the parties did reach can be reduced to writing and preserved, narrowing what remains to be decided. Because Florida treats mediation communications as confidential, statements and offers made during the session generally cannot be used against a party in the subsequent proceeding, so parties can negotiate candidly without fear that a failed mediation will damage their case.