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Britney Spears and Kevin Federline Heading to Custody Trial

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Jun 28, 2008 | 3:03am EDT

Custody of Britney Spears and Kevin Federline's two young sons will be settled in a trial in August, after an attempt to settle out of court failed on Thursday.

The pair spent the day in talks with a mediator, but Federline's attorney Mark Vincent Kaplan has confirmed that no agreement could be reached.

He tells E! News, "The mediation didn't result in an agreement that would avoid the trial set in August."

But he insists there was no breakdown in communication between the former couple, adding, "The mood was comfortable, positive and it was a mood that was consistent with opening at least a great dialogue, which is necessary.

"If the existing arrangement was acceptable to both parties... we wouldn't have to go to trial. But that didn't happen."

The trial is due to begin on Aug. 25, and will result in a final custody ruling.

Kaplan added that Federline is seeking sole physical and legal custody of Sean Preston and Jayden James. Federline was handed full custody of the boys after Spears was committed to a psychiatric facility to treat an alleged bipolar disorder following a standoff with police and childcare officials in January.

Spears locked herself and her youngest son in the bedroom of her Hollywood home and initially refused to come out when a visitation period had ended.

Earlier this week, Spears was granted an extension to her custody rights when a judge agreed she could spend one night a week with her sons.

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