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Old 03-20-2011, 12:17 AM
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10. MEDIATION AND ARBITRATION.
10.1. Mediation Guidelines.
Both parties agree to enter into mediation and arbitration in good faith, and to abide by the agreements made in that process. They will use mediation and arbitration as the way to resolve all issues regarding shared parenting time and responsibilities, child support, or to make any changes or adjustments to this agreement in the following way:

A. If the parties cannot reach an agreement on their own, either party may submit the dispute to mediation and both parties will make themselves available for mediation within 10 days. In the event that either party is out of town or unavailable, the time limit may be extended, but not in excess of 30 days.

B. Mediation must be initiated through written communication via e-mail or certified letter. Both parties shall supply each other and the mediator with a written statement of their position along with any evidence or factual matter regarding a specific issue 7 days prior to the meeting. Agreements made in mediation will be appended to this agreement.

C. The parties shall attempt to mediate the issue within one, 30-minute session. Mediation can continue for as long as necessary to resolve an issue, as long as both parents agree to do so.

D. If either party is no longer willing to mediate on an issue, the party can end the mediation session and request arbitration. The party requesting arbitration shall contact the arbiter and initiate the scheduling process.

E. The following mediator will be used:

Mediator — Richard Duncan

C. If the mediator is not available, the parties agree to utilize the professional he or she recommends.

10.2. Arbitration Guidelines.
Arbitration will be used if the parties are unable to resolve an issue in mediation. Either party can initiate arbitration. Decisions made through arbitration will be binding, carrying the same weight as a court order. They will use arbitration as the way to resolve any issues covered in this Parenting Plan and Child Support agreement that cannot be resolved through mediation in the following way:

A. Arbitration must be initiated through written communication via e-mail or certified letter to the arbiter and the other party. Both parties shall then supply the arbiter with a written statement of their position along with any evidence or factual matter regarding a specific issue a minimum of 48 hours prior to the meeting.

B. The following arbiter has been agreed upon by both parties:

Arbiter — Sally Reynolds

C. If the arbiter is unavailable, the parties agree to utilize the professional he or she recommends.

10.3. Fees.
The costs of mediation and arbitration shall be shared equally unless otherwise ordered by the arbiter.

11. RELATIVES AND SIGNIFICANT OTHERS.
11.1. Relatives.
Ongoing relationships between the children and relatives will be encouraged and continued. This list includes grandparents Bill and Julie Thompson and Richard and Sophie Beckman, Uncle Joe Thompson and Cousin Ann Beckman. Both parties agree that it is proper and permissible to have any of the above-named individuals care for the children, as needed, during scheduled parenting time.

11.2. Significant Others.
Ongoing relationships between the children and significant others will be encouraged and continued. This list includes Steve Pearson, Jane Richards, Bill Simms and Trisha Cummings. Both parties agree that it is proper and permissible to have any of the above-named individuals care for the children, as needed, during scheduled parenting time.

12.TAXES AND WILLS.
12.1. Tax Exemption.
Both parties agree that they shall be entitled to the dependency exemption for the minor children on alternating years. The mother will file for the exemption on even-numbered tax years and the father on odd-numbered tax years. The primary-caregiver will sign and deliver the IRS release form #8332 (which allows the exemption transfer) to the non-custodial parent within 30 days of the tax year in question, so that the non-custodial parent can claim the dependency exemption for the children for that year.

12.2. Wills and Guardianship.
Each party agrees to have a Will completed by September of 2002, which both names the children as the beneficiaries of his or her estate, and addresses the guardianship of the children. Each party has the right to review each other’s Will, or have it reviewed by an impartial third party to ensure that the clauses of the Will that pertain to this agreement are satisfactory.

13. GENERAL COVENANTS AND PROVISIONS.
13.1. Understanding and Certification of the Parties.
The parties certify that they have carefully read this agreement, that it has been fully explained to them by their attorney(s), or in the event that either party has not retained an attorney that they understand all of its terms and provisions, and that they are signing and executing this agreement without duress, coercion, or undue influence and with full knowledge and understanding of the economic circumstances of the other party and of the provisions contained herein, said provisions being in their opinions fair to both parties and their children.

13.2. Enforceable by the Court.
The parties understand and agree that the provisions of this Parenting Plan may be approved and adopted as part of their divorce decree and, if so approved, will be enforceable by this court.

13.3. Non-Interference.
Each party shall be completely free from the interference, authority and control over the other, except as impacts the care of the children, as set forth in this agreement. Each party shall have the right to conduct his or her social life and business affairs as he or she sees fit without interference or comment from the other. The parties also agree that if the arbiter finds either party’s actions against the other to be dishonest or deceptive, frivolous, or in any way violates the guidelines set forth in this agreement, the arbiter can order the defendant to pay all costs for arbitration and legal fees incurred by the plaintiff, plus damages for suffering and reasonable fees for time spent in defense.

13.4 Adjustments or Modifications.
All permanent adjustments or modifications to this [Custody / Parenting Plan / Child Support] agreement will be made in writing, signed by both parties, notarized, and filed with the court. Temporary or minor changes can be made whenever the parties agree.