What if parties dont want to mediate?
Parties may opt out of mediation at anytime. However, if a party unilaterally terminates a non-binding arbitration procedure after the hearing has begun, that party will be responsible for all of the ADR provider’s fees, and possibly reasonable attorney’s fees for the other side. A mediator may also terminate the process if he/she determines that the parties are unable to participate meaningfully, or that a reasonable agreement is unlikely to be achieved.
