11.02.200 Mediation and Settlement Agreements

(a) Settlement agreements are the preferred outcome of divorce proceedings.

(b) If the parties cannot come to an agreement, or they state in the petition the divorce is contested under Section 11.02.120(d)(3) they shall go through a mediation proceeding to attempt to achieve a settlement agreement after the filing of the petition and answer, but prior to a full contested divorce.

(c) If the divorce involves children as defined in Chapter 11.03 of this title, the parties shall attend mediation required under this chapter even if the divorce is uncontested, and if all child support matters cannot be resolved then child support shall be determined pursuant to Section 11.03.030(a)(2)(B) of this title. If a party wants child support to be paid through the Saint Regis Mohawk Tribe Child Support Enforcement Unit (SRMT CSEU) the child support payee shall need to register for services with the SRMT CSEU. If the parties do not want child support payments through the CSEU then the Court shall advise the parties of the option of obtaining its services post-judgment. If the child support portion of a divorce does not direct payment through the CSEU, then it may be modified by either party filing a petition to modify or enforce the judgment of divorce upon a showing of a change in circumstances or failure of the payor to follow the child support portion of the divorce including non-payment. At any time, any party can sign-up for services with the Tribe's CSEU to include modifying a judgment of divorce and/or enforcing a judgment of divorce.

(d) If the parties have filed competing parenting plans under this chapter, they shall also submit to mediation under this chapter and Section 11.03.030(a)(2)(B)

(e) If the parties do not come to a settlement agreement, the mediator shall submit a report to the Tribal Court detailing the areas of agreement and dispute between the parties. Such report shall be considered confidential.

(f) A settlement agreement between the parties regarding the proceedings in a divorce action, subsequently denied by either party, is not binding unless it was made in open court, or evidence of the agreement is in writing, subscribed by the party against whom the agreement is offered or by that party's attorney.

(g) All settlement agreements respecting any proceedings in a divorce action are subject to the approval of the Tribal Court and shall be approved unless the Tribal Court determines that the terms are not fair and equitable.

(h) Custody agreements shall be approved by the Tribal Court upon a finding that the custody agreement is in the best Interests of the child.

(i) For child support agreements that do not involve the CSEU, they shall be approved by the Court upon a finding that the child support agreement is in keeping with the Tribe's Child Support Guidelines or that any deviation from the presumptive correct amount of child support is in the best interests of the child and state the reasons in writing for such deviation except if the Court determines that a party is being coerced into a settlement or finds after a hearing that there are issues of domestic violence between the parties, then it shall direct one of the parties to obtain services from the Tribe's CSEU.