Consultation fails – resolution won’t be produced
Bacchus 19 James Bacchus was a founding judge and was twice the chairman of the Appellate Body of the WTO. He is a former Member of the Congress of the United States and a former international trade negotiator for the United States “Trade Justice Delayed Is Trade Justice Denied: How to Make WTO Dispute Settlement Faster and More Effective” CATO Institute. 11-20-2019 https://www.cato.org/free-trade-bulletin/trade-justice-delayed-trade-justice-denied-how-make-wto-dispute-settlement
Of course, governments are always free to consult in advance of litigation. However, it may be desirable to allow governments the option of going straight to a panel request, as there are many disputes where formal consultations are unlikely to produce a resolution.