During a business dispute, mediation can break down and a resolution may become unreachable. At this point, you might consider going to trial, and understanding how the process unfolds can help you gain a better perspective on future proceedings.
Why does mediation end without a settlement?
Mediation succeeds only when both sides agree on terms, and the mediator cannot force either party to accept a proposed resolution. An impasse often develops over liability, the amount of damages, the interpretation of a contract provision or future obligations between the businesses.
If no agreement emerges, the underlying claims and defenses remain unresolved. A pending lawsuit then continues through any remaining discovery, motions and pretrial steps, although both sides can still negotiate while the case advances toward trial.
What must happen before a trial is scheduled?
A contract may call for another form of dispute resolution or additional negotiations before litigation can continue, so those terms can affect whether the disagreement reaches trial at all. If the provision is enforceable, the court may pause the lawsuit until the parties complete that step.
Once the case proceeds, a scheduling order can set deadlines for discovery, motions and other required steps, along with a court date. The judge may also refer the parties to another settlement procedure while evidence gathering is still underway.
How does the trial progress?
At court, each side begins with an opening statement outlining its position and what it expects to prove. The party carrying the burden then presents witnesses and exhibits, which may include expert testimony on damages, causation or industry standards, while opposing counsel can cross-examine those witnesses.
After both sides finish presenting their cases, the court provides instructions on the governing law and the lawyers make closing arguments. Jurors then deliberate and return a verdict; without a jury, the judge resolves the disputed issues and enters a judgment.
When does going to trial make business sense?
A trial can bring a favorable judgment, but preparing and presenting a case is often costly, so you should weigh those expenses against the amount at stake and the possible outcome. Litigation can also consume staff time and draw attention away from daily operations, making the practical effect on your business another factor to consider.
The strength of your evidence also shapes that assessment, because clear documents and credible witnesses can support your position while disputed facts create greater uncertainty. Your attorney can assess those strengths and risks alongside any remaining opportunity to settle, helping you decide whether proceeding to court makes practical and financial sense.