What Happens If You Cannot Agree: Impasse and Trial in North Carolina

Court procedure

Mediation does not always settle a case, and impasse is rarely final. Here is what actually happens next, and what a trial really costs.

On this page

1. What impasse means
2. Settle what you can
3. What a trial involves
4. Weighing it honestly

What impasse actually means

When a mediation does not produce an agreement, the mediator reports only that no agreement was reached. They do not report who was unreasonable, what was offered, or what anyone said. That confidentiality is the whole reason mediation works, and it survives the failure to settle.

Impasse is also rarely final. A great many cases that reach impasse settle weeks later, using the progress made in the room.

What happens after impasse

Most cases still settle somewhere along this line. Very few family matters are actually tried to judgment.

Settle what you can

Impasse on one issue is not impasse on everything. Parties who settle property and support and try only custody spend far less, and they arrive at the contested issue with less accumulated hostility. Write down everything agreed, even if the rest is unresolved.

What a trial actually involves

Element	What it means
Preparation	The largest cost. Exhibits, witness preparation, legal research, pretrial filings
Testimony	You will testify and be cross-examined, sometimes at length
Witnesses	Teachers, doctors, family, sometimes an evaluator or a financial expert
Exhibits	Documents must be organized, authenticated and admissible
Time	Family trials often span non-consecutive days across weeks
Outcome	A judge who has met your family for a few hours decides

Weighing it honestly

What you gain and what you give up by trying the case

Some cases need a judge, and an honest lawyer will tell you when yours is one of them. Most do not.

Almost every case settles eventually. The only real question is whether it settles before or after you have paid for a trial.Christopher Adkins, Adkins Law

Frequently asked questions

What does the mediator tell the judge if we do not settle?

Only that no agreement was reached. Communications in mediation are privileged and the mediator does not report on who was reasonable.

Can we settle after mediation fails?

Frequently. Many cases settle in the weeks after an impasse, using the progress made in the session.

Will I have to testify at trial?

Yes, if the case is tried. You will testify and be cross-examined.

How long does a family trial take?

Family trials often span non-consecutive days across weeks, depending on the county calendar and the issues.

Know which kind of case you have

Some matters genuinely need a judge. Adkins Law will tell you honestly whether yours is one of them, and prepare it properly if it is.

Call Adkins Law (704) 274-5677Text (704) 231-5762Request a consultation

Adkins Law, PLLC · 9620 Sherrill Estates Road, Huntersville, NC 28078 · Calling or texting does not create an attorney–client relationship.

Keep reading

• Mediation and settlement
• How a family case works
• Mecklenburg County family court
• Contact Adkins Law

About the author: Christopher Adkins

Chris Adkins is the founder of Adkins Law, PLLC in Huntersville, North Carolina, a certified mediator with the North Carolina Dispute Resolution Commission, a parenting coordinator, and the author of The Book on Divorce in North Carolina. He previously served six and a half years as a Charlotte-Mecklenburg police officer and served as a Combat Engineer officer in the North Carolina Army National Guard and U.S. Army Reserve, deploying to Kuwait in 2012–2013.

Read the full profile · Request a consultation · (704) 274-5677

This page provides general information about North Carolina law for educational purposes. It is not legal advice and does not create an attorney–client relationship. Statutes, court rules and local practice change, and the outcome of any case depends on its own facts. Speak with a licensed North Carolina attorney about your situation. Written by Christopher Adkins, attorney at Adkins Law, PLLC, Huntersville, North Carolina.