Whenever a petition for divorce or petition for legal separation has been filed with the superior court the presiding justice or his or her authorized representative, subject to rules to be established by the superior court, pending a hearing upon the merits, shall exercise his or her discretion to determine if the matter before the court shall be referred for marriage counseling to an approved family service agency within the jurisdiction of the court. If the parties are insured, the referral shall be made with due consideration to identifying a counselor who accepts direct payment from the parties’ health insurance carrier. Any such referral shall be binding upon the petitioner and upon any petitionee who enters an appearance or otherwise submits himself or herself to the court’s jurisdiction.