42. DISPUTE RESOLUTION PROCEDURE. Despite their separation, the wife and husband want to remain muzzled on civilians. They recognize that there may be disagreements between them in the future and agree to resolve them, if possible, without judicial intervention. With the exception of emergency situations, if the wife and husband do not immediately resolve any controversy between them about the alleged interpretation or violation of that agreement or other disputes over that agreement, they will immediately attempt to resolve the mediation controversy. If mediation fails and/or does not appear productive after faithful work, each party can file a petition with a competent court. The aim of mediation is to reach a transaction agreement without going to court. Mediation is an excellent alternative to letting a judge or jury decide the outcome of divorce or custody proceedings. If mediation is successful, it avoids the stress and cost of going to court and allows the parties to have full control over the outcome of their case. Our firm`s lawyers have extensive experience guiding our clients through the mediation process and many of our lawyers act as mediators in cases where the parties are represented by other family firms.
40. TAX ADVICE. Both parties acknowledge that they have been informed of the payment of the money and the transfer and/or that the division of assets may have negative tax consequences for them, and they recognize that the most appropriate method of determining the tax consequences of this agreement is to speak with tax advisors, tax lawyers and/or other tax experts of their choice, and have been invited to do so prior to the signing of this agreement. Mediators and lawyers for both parties to this agreement have informed the wife and husband that mediators and lawyers are not tax lawyers or other expert on income tax or other tax consequences of separation and divorce. Accordingly, each party considers that its respective lawyers and mediators pose no problem with respect to income tax and other tax issues and consequences, as neither the lawyers nor their mediators have thus proposed definitive tax guidance. Each party assumes full, full and exclusive responsibility for the tax consequences of this agreement. It is not easy to overturn a settlement agreement that was reached through mediation, but it is not impossible either. However, courts are generally only willing to cancel a transaction agreement reached during mediation if there is evidence that a party`s lack of information and knowledge on the previous subject compromises their ability to make a reasoned decision.