Is it necessary for a couple to go through divorce mediation if they are sure they want a divorce but cannot agree on a division of property?

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In some cases both parties to a divorce may be convinced that they will never be able to work out their differences through mediation.  However, the family court judge is the only person who can make the final decision regarding whether divorce mediation will not be able to produce an agreement between the parties.  The judge will inform his or her decision by discussing with the mediators and family court investigator but the parties to the divorce do not get to choose when the mediation will end and a potential divorce trial can begin.  This means that even couples who feel that they have no chance of reconciling or reaching an agreement on custody or distribution of assets will still likely have to participate in several mediation sessions before the judge will allow them to move onto a trial.

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