Detailed Answer

Short answer: If mediation does not produce a binding agreement, you usually still need to proceed to court unless the parties later reach a private settlement. Which court and the process will depend on whether the dispute is a partition of real property (a co-owner dispute) or a probate matter (will validity, administration, accounting, executor issues). In Pennsylvania, probate contests and estate administration issues are typically handled by the Orphans’ Court division of the Court of Common Pleas; partition claims generally proceed in the Court of Common Pleas under property law.

What happens right after a failed mediation

• If mediation was informal and private: neither side is forced to accept any proposal. Parties may reopen settlement talks, request follow-up mediation, or decide to file or resume litigation.
• If mediation was court‑ordered: the court will usually set or continue pretrial deadlines, scheduling conferences, discovery timelines, and a trial date unless the parties notify the court they settled. The court may also require participation in further ADR (alternative dispute resolution) before trial, depending on local rules.
• If one or more issues were resolved at mediation but others remain: the parties can put settlement terms into a written agreement and either file that agreement with the court for entry as a consent order or keep it private while litigating the unresolved issues. A partial settlement can reduce the scope of the upcoming trial.

Which court will hear the unresolved matters?

Probate-related disputes (will contests, fiduciary accounting, removal of personal representatives) are handled by the Orphans’ Court division of the Court of Common Pleas in the county where the estate is probated. For general information on the Orphans’ Court functions see the Pennsylvania courts site: https://www.pacourts.us/courts/courts-of-common-pleas/orphans-court-division.

Partition actions (co-owner disputes over possession, division, or sale of land) are ordinarily brought in the Court of Common Pleas under real property procedures and equitable remedies. For statute-level reference, see Pennsylvania Consolidated Statutes: Title 21 (Real and Personal Property): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=21.

What will the court decide?

The court will resolve the disputed legal and factual issues by applying Pennsylvania law: for probate matters the court may decide will validity, fiduciary duties, accountings, and disposition of estate assets; for partition the court will decide whether the property can be divided in kind or must be sold and how sale proceeds are distributed. Outcomes commonly include:

• Entry of an order confirming or rejecting a will or other probate instruments.
• Orders compelling accounting, removing or replacing a personal representative, or directing specific distributions.
• In partition actions, an order for partition in kind (rare) or partition by sale with appointment of commissioners or a sheriff sale and direction for distribution of proceeds.

Timing and cost implications

When mediation fails, expect more time and expense. Litigation requires pleadings, discovery (depositions, document requests), motions, hearings, and a trial. Probate and partition matters can take months or more than a year depending on complexity and court backlog. Mediation attempts are often efficient in cost compared with a full trial; failing mediation typically increases legal fees and court costs.

Can you still settle later?

Yes. Parties may settle at any time, even after trial starts or judgment is entered (subject to appeal rules). Courts often welcome post-mediation or mid-litigation settlements and can enter consent orders to effectuate those agreements.

Confidentiality of mediation

Mediation communications are often treated as confidential under court rules or local practice, and many mediators follow confidentiality standards that keep settlement proposals from being used at trial. Check the mediator’s confidentiality agreement and local court ADR rules to understand protections that applied to your session.

When you might not need to go to court

• Parties reach a private settlement after mediation.
• The dispute is dismissed because a statute of limitations or other procedural barrier bars court relief (this is rare after mediation unless the parties agree).
• Optional post-mediation ADR processes (arbitration, neutral evaluation) produce a binding result acceptable to the parties.

Statutes and rules to consult

Relevant Pennsylvania laws and resources include the statutes that govern estates and fiduciaries and real property, which affect probate and partition disputes. Useful statutory references:

• Decedents, Estates and Fiduciaries — Pennsylvania Consolidated Statutes, Title 20: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20
• Real and Personal Property — Pennsylvania Consolidated Statutes, Title 21: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=21
• Information about the Orphans’ Court division and county practice: https://www.pacourts.us/courts/courts-of-common-pleas/orphans-court-division

Practical steps to take now

1. Confirm whether mediation was court-ordered. If it was, notify the court promptly if you reach settlement or need scheduling changes.
2. Keep detailed notes of unresolved issues and the proposals you and the other side exchanged. This helps narrow litigation issues or future negotiations.
3. Preserve documents and follow discovery deadlines. Failing to comply can lead to sanctions or disadvantage at trial.
4. Consider targeted follow-up ADR (online mediation, neutral evaluation, or limited arbitration) if full trial seems costly and parties remain willing to negotiate.
5. Talk to an attorney about likely outcomes, trial costs, and whether a tailored settlement strategy (e.g., buyout offers, agreed sale terms) might be effective.

Helpful Hints

• Document everything: keep emails, settlement offers, and mediator summaries. A written settlement can be enforced; oral deals are harder to prove.
• Ask the mediator for a short, neutral settlement memo after the session if permitted. That can frame follow-up talks without revealing confidential details in court.
• If a partition by sale is likely, get a realistic appraisal early to anchor negotiations and to assist the court if it orders sale.
• For probate disputes, review the will, codicils, estate inventory, fiduciary accountings, and any prior court filings before further ADR or court proceedings.
• Consider whether narrowing the dispute (agreeing on custody of some assets while litigating others) could save time and money.
• Ask your attorney about potential fee-shifting claims or sanctions before escalating litigation; some positions carry risk of paying the other side’s fees if a court finds bad faith.
• Remember appeals: an adverse trial result can be appealed, but appeals add time and expense and require specific legal grounds.