The producers of Broadway's Speed-the-Plow -- who filed the grievance after Piven abruptly ended his run in the show in December due to a high mercury count -- and the actor appeared at the session Thursday.
After hearing from both parties, a panel composed of Actors' Equity and Broadway League representatives were unable to reach the necessary unanimous decision.
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"The producers have the right, as a next step, to proceed to arbitration," the panel said in a statement.
Piven, 43, told Usmagazine.com that the condition was "crippling" and claimed he suffered mercury poisoning due to a diet of twice-daily sushi.
Check out photos of stars on set.
"Mr. Piven is hopeful that the producers will ultimately recognize that he did the right thing by listening to the instructions from his doctors ... who told him to stop the play immediately and undergo enforced rest, rather than continuing to perform and risk dire health consequences," Piven's spokesperson, Samantha Mast, said in a statement.
Three different actors -- understudy Jordan Lage, Norbert Leo Butz and William H. Macy -- followed Piven in the role in David Mamet's satirical play before its run ended on Feb. 22.
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Bethenny's... at least she can form a complete sentence during an argument!
Kelly's... the girl knows how to start a cat fight!
Neither! I am with the Countess and Ramona... it's petty drama!
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