Tillamook Supp. L. R. 12.009
The mediator may notify the court at any time following the initial mediation sessions involving parties and the mediator that mediation has been unsuccessful in which case the proceeding will be scheduled for hearing in the same course and with the same priority as if there had been no mediation. The mediator may determine that the mediation has been unsuccessful if the parents are unable to resolve the custody or parenting time controversy, if one or both parents are unwilling to participate in mediation, if the mediator determines that either parent is using the mediation process in bad faith for the delay of resolution of other issues, or if the parties were ordered to mediation pursuant to Rule 12.001(4) and are unable to resolve the financial controversy.
Tillamook Supp. L. R. 12.009