Detailed answer — what happens next and whether court is still required

When mediation does not produce a full settlement in a dispute involving partition of real property or contested probate issues in Indiana, the parties normally must continue the case in court unless they later reach an agreement. Mediation is a voluntary or court-ordered attempt to resolve the dispute outside of a judge’s decision. It does not replace the court process; it is a tool to try to avoid the time, cost, and uncertainty of litigation.

Key points under Indiana law and practice:

• Mediation failing does not stop the case. If the dispute was already in court, the case proceeds along the court’s schedule toward hearings or trial. If mediation was attempted before filing, a party who still wants relief must file the appropriate petition or complaint in court.
• Partition actions. When co-owners cannot agree how to divide or dispose of real property, a party may file a partition action in the county where the land is located. Indiana law provides procedures for partition in kind where possible, and if an in-kind division is impractical, a court-ordered sale with division of the proceeds. See Indiana statutory law for property and real estate procedures (Title 32 of the Indiana Code) for the statutory framework governing real property and related actions: https://iga.in.gov/legislative/laws/current/ic/titles/32
• Probate disputes. If the disagreement arises from a probate matter (for example, will contests, disputes over distribution of a decedent’s property, or claims by creditors or heirs), those issues typically must be resolved in the probate court where the estate was opened. The probate court can adjudicate who owns what interest and can direct how property should be distributed or how disputes are resolved. See the Indiana Probate Code for governing procedures: https://iga.in.gov/legislative/laws/current/ic/titles/29
• Court remedies after mediation fails. In a partition case, the court can order division in kind, appoint a commissioner to oversee partition or sale, or order a sale and divide the proceeds among the owners. In probate litigation, the court can decide will validity, interpret testamentary documents, order accounting, award possession, or direct the sale or distribution of estate property.
• Timing and temporary relief. Even after mediation fails, parties can seek temporary or emergency orders (for example, to preserve property, to stop waste or removal of assets, or for interim rent/profits) while the case proceeds to final resolution.
• Costs, fees, and sanctions. Courts in Indiana encourage settlement. Some courts and local rules require participation in alternative dispute resolution and allow the court to consider refusals to mediate when ruling on attorney fees, costs, or discretionary sanctions. Check applicable court rules and local procedures (Indiana Trial Rules and local court rules) for specifics: https://www.in.gov/judiciary/rules/
• Settlement remains possible at any time. A failed mediation does not prevent later settlement. Parties frequently continue negotiations during litigation, through court-ordered settlement conferences, or by using a different mediator.

Practical example (hypothetical): Two siblings jointly inherit a rental house and cannot agree on whether to keep it or sell. They mediate but cannot reach an agreement. One sibling files a partition action in the county where the house sits. The court orders an appraisal, explores whether the house can be divided in kind (rare for a single-family home), and ultimately appoints a commissioner to sell the property at auction and divide proceeds according to each party’s share. If the property was part of an estate still in probate, the probate court might decide ownership questions first or transfer the issue to a civil division for a partition action, depending on the county and the specific filings.

Where to find the rules and statutes:

• Indiana Code, Title 32 (Real Property): https://iga.in.gov/legislative/laws/current/ic/titles/32
• Indiana Code, Title 29 (Probate, Trusts, and Fiduciaries): https://iga.in.gov/legislative/laws/current/ic/titles/29
• Indiana court rules and information about procedures and alternative dispute resolution: https://www.in.gov/judiciary/rules/

Helpful hints — what you should do next

1. Confirm the case status. Determine whether a formal lawsuit or probate petition is already filed. If so, get the case number and the court’s schedule.
2. Talk to a lawyer early. Even if mediation has failed, an attorney experienced in Indiana partition and probate law can explain options, file necessary motions, request temporary relief, and represent you at trial.
3. Preserve and organize documents. Collect deeds, title documents, the will (if any), closing statements, tax records, appraisals, and communications among co-owners or heirs. Courts rely on clear records.
4. Consider a second ADR attempt. Propose another mediator, neutral expert appraisal, or binding arbitration if both sides agree. Settlement after mediation failure is common.
5. Prepare for valuation and sale logistics. If partition by sale is likely, obtain a professional appraisal and cost estimates for sale, commissions, taxes, and any liens to understand net proceeds.
6. Check local court rules. Some Indiana counties have mandatory ADR programs and local procedures that affect timing and costs. Look up local rules or ask counsel.
7. Be realistic about costs and timing. Litigation (including discovery, motions, and trial) typically costs more and takes longer than a negotiated settlement.

Final practical note

If mediation fails, court remains the default path to obtain binding relief in Indiana for partition or probate disputes. Courts can order sale, division, and other remedies needed to resolve ownership and distribution. However, parties can still settle at any time, and courts frequently encourage resolution short of trial.

Disclaimer: This article is educational only and does not constitute legal advice. It explains general Indiana law and typical procedures. For advice about your specific situation, consult a licensed attorney in Indiana who can review the facts and court filings.