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What are the signs that mediation is not working?

Deciding to go through with a divorce is only the first decision you will make in the process. 

Perhaps you have already made one decision, and that is to avoid going to court for your divorce. If you are using mediation to end your marriage, you know that this process involves you and your spouse working together through each issue. Maybe you think you can handle this on your own, but what do you do when you feel like mediation isn't working?

Is it time to give up?

Mediation is successful when both parties resolve to work out their differences and reach a fair settlement. With a trained mediator guiding them through the tough issues, many couples arrive at an agreement they can live with and one that often lasts longer because of the time they put into it.

However, this process does not work for every couple. Some signs that mediation isn't working include:

  • You and your spouse are stuck on one issue, and you keep going in circles without coming to a resolution.
  • You find the conversation veering off course to unrelated matters, wasting valuable time.
  • Hours have passed, and you and your spouse have not settled a single issue on your agenda.
  • One of you is using your time in mediation to re-hash old wounds and vent about the reasons the marriage is ending.
  • One of you is not cooperating with the process or is unwilling to continue after a frustrating first session.

Sometimes, the first few hours of mediation are difficult, and it is natural for tempers to flare as you work through delicate and emotional matters. However, if you or your spouse is under the misconception that you would win every dispute and obtain every demand, perhaps mediation is not the right method of divorce for you.

Maybe you thought you could handle this on your own, and now you are looking for sound legal advice to help you determine whether to continue with mediation or head to court. It's not too late to reach out to a Texas legal professional with experience in successful divorce mediation.

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