Signs Mediation Isn't Working


Mediation can be a wonderful way to resolve many issues in your Pasadena divorce. Studies have shown that mediation is cheaper than litigation and results in a more positive co-parenting relationship for couples who have children together. However, it's not for everyone. Sometimes, you have no choice but to go back to court.

Mediation isn't working if you keep talking about the same issues over and over without reaching any sort of resolution. If your sessions last for several hours and it feels like you're not making any progress, litigation may be a better choice.

Mediation isn't working if one of you is resorting to personal attacks. Mediation requires that you both be committed to the process and be able to communicate reasonably with each other. If one person isn't making an effort, you're not going to accomplish what you set out to do.

Mediation isn't working if the discussion keeps veering into areas that aren't up for debate. For example, a discussion about child custody and visitation shouldn't end with the two of you arguing over who gets to keep the antique sofa you received as a wedding gift.

If you are doing a lot of compromising, this means your session is working. Remember that the goal of mediation isn't about winning or losing. The goal is to come to a mutually agreeable solution to your problem. This requires that each participant be willing to make certain compromises.

Agreeing to try mediation does not in any way limit your right to go to court to have your issues resolved. Arbitration is legally binding, but mediation is not. If you feel you've given mediation a fair shot and it's not working, you're well within your rights to take the matter to a judge.

How Can We Help?

Please call our office at (626) 683-8113 or email us at if you are in need of legal representation during your divorce. Our Pasadena divorce attorneys are mediator-friendly and have experience litigating issues involving child custody, visitation, child support, spousal support, and the division of marital property.