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 discussed 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.
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.
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 elder and 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. To abide by and comply with A.R.S. section 12-2238 concerning confidentiality in mediation.
7. Not to subpoena either of our mediators or their records.
8. To respect each other’s privacy and not intrude on each other’s communications.
9. To abide by the following terms of A.R.S. section 25-315 (A) which provides that:
a. You shall not do any of the following things:
b. You may not hide earnings or community property from your spouse, and
c. You may not take out a loan on the community property, and
d. You may not sell the community property or give it away to someone, unless you have the written permission of your spouse or written permission from the Court. The law allows for situations in which you may need to transfer joint or community property as part of the everyday running of a business, or that sometimes the sale of community property is necessary to meet necessities of life, such as food, shelter, or clothing, or court fees and attorney fees associated with this action. If this applies to you, you should see a lawyer for help, and
e. Do not harass or bother your spouse or the children, and
f. Do not physically abuse or threaten your spouse or the children, and
g. Do not take the children, common to your marriage, out of the State of Arizona for any reasons, without a written agreement between you and your spouse or a Court Order, before you take the children out of the State.
h. Do not remove or cause to be removed the other party or the children of the parties from any existing insurance coverage, including medical, hospital, dental, automobile and disability insurance. That both parties shall maintain all insurance coverage in full force and effect.
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.
Dated: (Walter Marcus)
Dated: (Mary G. Marcus, Ph.D.)