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When divorce mediation sessions fail

In recent decades, family court divisions in Texas and across many other jurisdictions have adopted rules and policies that seek to lessen the caseload burden of having too many divorce proceedings on the docket. To this effect, judges often recommend mediation as an alternative to lengthy trials and uncomfortable divorce hearings.

Quite a few divorce trials tend to be unproductive due to the deeply irreconcilable differences between couples who can only agree on living apart from each other. For this reason, mediation is often ordered by family court judges. The idea is not only to lessen the caseload but also to give husband and wife a chance to settle their differences in a legally amicable manner. Unfortunately, mediation will not work for every couple, and this is something that family court divisions are aware of.

When it comes to matters related to marriage dissolution, there are a few signs that indicate mediation is going nowhere fast. These signs are often detected by each spouse's attorney and sometimes by the mediator. However, it is up to the husband or wife to decide when to switch gears and proceed towards litigation if needed.

The first sign comes about when divorce attorneys remind their clients that their goals and interests are not being reasonably considered in mediation. In many cases, divorce mediation sessions result in a realization that the couple does not really wish to settle. When discussion about child support, property division and financial challenges turn into a heated dispute during mediation, this is a clear sign that divorce attorneys should take a more proactive role. In essence, spouses who have a lot of negative feelings toward their exes will probably not do well in mediation.

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