Montana
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Montana. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Montana can be found in RSI’s Research Library and in Reports below.
State Legislation
- Montana Code 25-21-7: Mandatory Appellate Alternative Dispute Resolution
- Montana Code 25-40-01: Uniform Collaborative Law Act
- Montana Code 26-1-813: Mediation - confidentiality - privilege - exceptions
- Montana Code 40-4-3: Family Law Mediation
- Montana Code 40-4-219: Amendment of parenting plan - mediation
- Montana Code 46-1-5: Mediation of Criminal Proceedings
Statewide Court ADR Rules and Policies
State Office of Court ADR:
- No full-time state court ADR office.
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Montana Code 25-40-1: Uniform Collaborative Law Act
Montana General Assembly . Jan. 1, 2017Resource Type: Legislation
Abstract: This statute outlines Montana's collaborative law process. Collaborative law participation agreements must be signed by both parties and state the parties intentions to resolve their dispute through a collaborative process. The collaborative process ...
Montana Code 25-21-7: Mandatory Appellate Alternative Dispute Resolution
Montana General Assembly. Jan. 1, 2017Resource Type: Legislation
Abstract: This statute allows for the mandatory mediation of certain appellate court cases. Cases approved for mandatory mediation include workers' compensation appeals, domestic relations appeals (including but not limited to issues of dissolution, child cust...
Montana Code 26-1-813: Mediation - confidentiality - privilege - exceptions
Montana State Government. Jan. 1, 2017Resource Type: Legislation
Abstract: This statute makes all communication made during mediation confidential and protects mediators and parties from being subpoenaed to disclose such information. The only exceptions to these provisions are when disclosure is required by law, is agreed t...
Montana Code 40-4-219: Amendment of parenting plan - mediation
Montana State Government. Jan. 1, 2017Resource Type: Legislation
Abstract: When the court determines a parenting plan must be amended, this statute authorizes the court to refer the case to mediation or other alternative dispute resolution program. Such referrals are prohibited, however, for cases involving child or spousal...
Montana Code 46-1-5: Mediation of Criminal Proceedings
Montana State Government. Jan. 1, 2017Resource Type: Legislation
Abstract: This part states that the court may refer a case to mediation after prosecution begins but before a verdict has been reached either by its own motion or that of the parties and with parties' consent. The code outlines exceptions to cases that can be ...
Montana Code 40-4-3: Family Law Mediation
Montana State Government. Jan. 1, 2017Resource Type: Legislation
Abstract: This statute sets guidelines for the mediation of family law disputes. The statute addresses confidentiality and mediator qualifications, among other topics. It also stipulates that the court may not refer cases to mediation when there is reason to s...
Rules
Supreme Court of Montana Rules on Arbitration of Fee Disputes
Supreme Court of Montana. May. 1, 2009Resource Type: Rules - Court
Abstract: Under this rule, any dispute between attorney and client over fees in the amount of $500 or more may be arbitrated. The court shall appoint qualified persons to an arbitration panel, and the parties to the dispute shall select the arbitrators from a ...
Reports
The Appellate Mediation Program of the Montana Supreme Court: Report and Recommendations Presented by the State Bar Dispute Resolution Committee and the University of Montana School of Law Mediation Clinic
Capulong, Eduardo R.C.. Nov. 10, 2011Resource Type: Report
Abstract: The Montana State Bar's Dispute Resolution Committee and the University of Montana School of Law Mediation Clinic conducted a study of the Montana Supreme Court's pilot appellate mediation program in 2010. The program is mandatory for workers' compen...
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Contacts
State Bar of Montana's Dispute Resolution Committee
Resource Type: Organization
Abstract: The committee works with the judicial system and local bar associations to develop dispute resolution programs, monitors the creation of certification standards for neutrals, works with public schools to develop peer mediation programs, and dissemina...