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Can I sue if the company won't respond to my requests for mediation?

I followed the contract's instructions to request mediation, and even sent a certified letter but the company has gone silent—do I have to keep waiting, or can I sue them?

Answer

Yes, you may be able to move forward with a lawsuit if the other party refuses to respond to your mediation request. Mediation clauses usually require a good-faith effort—not endless waiting. If you followed the contract (like sending a certified request) and they ignore it, that can count as a refusal to mediate.

Does silence count as refusing mediation?

In many cases, yes. If one party does not respond or participate, it can be treated as a failure to engage in good faith.

Courts generally do not require you to wait indefinitely if the other side is avoiding the process.

What should you check before filing a lawsuit?

Look at your contract for any timing rules. Some clauses say how long you must wait or what happens if one party does not respond.

If there are no clear deadlines, your documented attempts (like emails or certified letters) can help show you met your obligation.

What to do next...

  1. Review your contract for mediation timelines or requirements.
  2. Keep records of all attempts to initiate mediation.
  3. Confirm you followed the required steps.
  4. Consider moving forward with a claim if there's no response.

What to consider in your specific situation

Whether you can proceed depends on your contract details and actions taken.

  • The exact wording of the mediation clause.
  • Any deadlines or response requirements.
  • The number and type of attempts you made.
  • The other party's lack of response or refusal.
  • Local court practices on enforcing mediation clauses.
  • The urgency and value of your claim.

If one side refuses to participate, courts often allow disputes to move forward—but documentation is key. Since every situation is different, consider more information through Rocket Copilot, a Legal Pro, or a legal document review to move forward with confidence.

Pro Reviewed
Published on 04/19/2026
Reviewed by Rustin B. Duncan, Esq.

At Rocket Lawyer, we follow a rigorous editorial policy to ensure every article is helpful, clear, and as accurate and up-to-date as possible. This page was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language, then reviewed by experienced attorneys to ensure legal accuracy.

Please note: This page offers general legal information, but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask an Attorney.

Laura Bojart
Laura Bojart
Editorial Researcher and Copywriter

Laura Bojart is an SEO copywriter and editor at Rocket Lawyer. She researches legal and business topics and translates complex ideas into clear, practical content for everyday readers. With her background in journalism and endless curiosity, she approaches each subject by asking the questions readers are likely to have first, making legal information approachable and easy to understand even to those with no legal background.