Disclaimer

This information is educational only and not legal advice. I am not a lawyer. If you need legal advice about your specific situation, consult a Nevada attorney licensed to practice in the relevant area.

Detailed Answer

If mediation does not produce a binding settlement in a dispute that involves partition of real property or an issue in probate, you generally still have to use the court process to resolve the dispute unless the parties agree to try another form of alternative dispute resolution. In Nevada, the two pathways you will likely face are continued negotiation/ADR or formal court proceedings (trial and possible appeal). The route you take depends on whether the parties reached a written, signed settlement during mediation and on what claims remain.

When a signed settlement exists

If the parties signed a settlement agreement during mediation, the agreement is usually enforceable as a contract. If one side refuses to follow the agreement, the other side can ask the court to enforce it. Courts can enter a judgment based on the settlement and may award fees or other relief for breach. Whether the agreement is enforced by the probate court or by a separate civil action depends on what the settlement resolves and the form of the agreement.

When mediation fails (no settlement) — what happens next

• Proceed to court: If you are already in a pending partition or probate case, the matter simply resumes in front of the judge. The court will set further pretrial dates, discovery deadlines, and a trial date. For partition actions, Nevada law provides the statutory framework for how a court divides or orders the sale of jointly owned land (see Nevada Revised Statutes, Chapter 40). For details, review the statute chapter here: NRS Chapter 40 — Partition.
• New filing may be required: If the issue surfaced in informal settlement talks before any lawsuit, you may need to file a formal partition action or a probate petition to get the court involved. Once filed, the court controls the process and sets deadlines and hearings.
• Preparation for trial: Expect discovery (document requests, depositions), motions (for example, motions for summary judgment or to compel discovery), property valuation and appraisal evidence, and witness preparation. In partition disputes, the court may order a physical division of property if feasible or a sale with proceeds split among owners. The statutory procedures in Chapter 40 govern those remedies.
• Temporary and emergency relief: If you need immediate relief (for example, to stop a co-owner from selling, damaging, or removing assets), you can ask the court for temporary orders or injunctive relief while the case proceeds.
• Costs and timing: Litigation usually costs more and takes longer than a mediated settlement. Trials and appeals add expense. Weigh the benefits of court resolution against settlement possibilities.

Confidentiality and evidence from mediation

Mediation communications are generally protected under Nevada’s laws about alternative dispute resolution. Because mediation is designed to promote frank settlement talks, what is said in mediation usually cannot be used at trial. Nevada statutes and court rules limit the admissibility of mediation communications. For the ADR statutes and rules, see: NRS Chapter 38 — Alternative Dispute Resolution. That protection usually prevents a party from presenting mediation offers or proposals to the judge at trial, though signed settlement agreements remain enforceable.

Practical results specific to partition and probate

• Partition: If the court finds physical division impractical or inequitable, it can order sale of the property and division of proceeds among the co-owners. The court follows the procedures in NRS Chapter 40 for partition sales, appointment of referees or commissioners, and distribution of sale proceeds: NRS Chapter 40.
• Probate disputes: If the dispute concerns estate administration, will contests, or fiduciary duties, the probate court resolves those matters under Nevada probate procedures. The judge can enforce estate accounting, remove a personal representative, approve or disallow claims, and resolve disputes among heirs or beneficiaries. If mediation fails to resolve these issues, expect formal motions and hearings in probate court.

Alternatives if mediation fails

Even after one mediation attempt fails, parties can:

• Try another mediator or mediation session, possibly with fresh information (updated appraisals, expert reports).
• Use nonbinding neutral evaluations to get an expert’s reality check on likely trial outcomes.
• Agree to binding arbitration if both sides want a final decision without a public trial.
• Negotiate limited agreements to narrow issues (for example, agree on appraisal methods while reserving other claims for court).

Bottom line

Failing mediation does not eliminate the option of reaching a later settlement, but absent a signed settlement you should expect to proceed to court to resolve remaining claims. Prepare for pretrial procedures and trial, protect evidence and rights during discovery, and consider whether a different ADR approach or narrower negotiated agreements might avoid the full cost of litigation.

Helpful Hints

• Document everything: keep title documents, deeds, appraisals, communications about the property and estate, accountings and receipts.
• Check mediation paperwork: if you signed a settlement, save the signed document and bring it to the court if enforcement becomes necessary.
• Understand confidentiality: avoid relying on or trying to introduce mediation statements at trial—statutory protections often bar that evidence.
• Consider targeted ADR: use a binding arbitration clause or a narrow mediator mandate (e.g., valuation only) if you want finality without a full trial.
• Get a local attorney: Nevada partition and probate procedures have technical rules and timelines—an attorney can protect deadlines and advise on whether a court petition or defensive pleadings are needed.
• Prepare for valuation experts: property partition and estate distribution often turn on appraisals and expert testimony—secure competent appraisers early.
• Use court self-help resources: Nevada courts provide self-help and form information for probate and other civil matters at the Nevada Judiciary website: nvcourts.gov/self_help.