1. Mediation is a cooperative problem solving process using an impartial mediator to assist a couple to reach a mutually acceptable Divorce Mediation Agreement and dissolution of the marriage.
2. All issues are negotiated in good faith. Therefore, it is essential that both parties share all information pertaining to all issues.
3. A series of meetings is held until agreement is reached on all issues. Most meetings are held with both mediators and both parties present. On occasion, sessions may be held with each of the parties separately, if deemed necessary by the mediators.
4. The issues to be negotiated usually include: division of assets, division of debts, spousal support, custody, visitation, and child support.
MEDIATION AGREEMENT
We agree to the following:
1. To provide the mediators the completed Income and Expense Statements and our Assets and Liabilities Statements prior to the next mediation session.
2. To disclose all assets, debts, and other information that have a bearing on any of the issues in our mediation.
3. To obtain appraisals of our assets, and/or to consult with a tax specialist, if the mediators recommend that we do so. We understand that this would be at our own cost.
4. To obtain review legal counsel, who, at a minimum, will review the final Divorce Mediation Agreement. In the event Walter Marcus mediates, we understand that although he is an attorney, that he does not represent either or both of us in our divorce.
5. In the event Mary G. Marcus, Ph.D. mediates, we understand that although she is a psychologist, she does not provide therapy during the mediation sessions, and that she has a legal duty to report child abuse and neglect.
6. To keep confidential all statements made during the mediation, as well as all written, photographic, or printed materials prepared for or presented during this mediation, except that either party may share that information with his or her attorney. This agreement regarding confidentiality shall pertain to all circumstances, including but not limited to, civil and criminal proceedings.
7. Not to subpoena either of our mediators or their records into court.
8. To abide by the following Automatic Orders of Section 25-5 of the Rules for the Superior Court, Procedure in Family Matters:
a. Not to sell, transfer, encumber, conceal, assign, remove, or in anyway dispose of, without the consent of my spouse in writing, or an order of the court, any property, individually or jointly held by me, except in the usual course of business or for customary and usual household expenses.
b. Not to incur unreasonable debts hereafter, including but not limited to further borrowing against any credit line secured by the family residence, further encumbrancing any assets or unreasonably using credit cards or cash advances against credit cards.
c. Not to permanently remove my minor child or children from the state of Connecticut, without written consent of my spouse or an order of the court.
d. Not to cause my spouse or the children of the marriage to be removed from any medical, hospital and dental insurance coverage and to maintain the existing medical, hospital and dental coverage in full force and effect.
e. Not to change the beneficiaries of any existing life insurance policies, and to maintain the existing life insurance, automobile insurance, homeowners or renters insurance in full force and effect.
f. If my spouse and I are living together, not to deny my spouse use of my current primary residence whether it be owned or rented property, without the consent of my spouse in writing, or an order of the court.
g. If my spouse and I share a child or children, and I vacate the family residence, I shall notify my spouse within 48 hours of such move, of an address where I can receive communications.
h. If my spouse and I are living apart, I shall assist my children in having contact with both of us, consistent with the habits of the family, by telephone, and in writing.
We, Walter Marcus and/or Mary G. Marcus, Ph.D., agree to the following:
1. To be impartial but involved at all times during the mediation.
2. Not to represent or to be a witness for or against either party in any court action regarding this dissolution or any modification of its terms.
3. To withdraw from mediation if it is not productive, or if either party breaches this agreement.
4. To file papers in Court only at the direction of both parties.
5. To release papers from the mediator's files only at the direction of both parties.
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