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Court ADR Across the U.S. Court ADR Across the U.S. > Montana

Montana

Indicates ADR resources RSI recommends as particularly useful.

Online resources

In-print resources

Authority for court ADR derives from:

State office of court ADR:

No full-time state court ADR office.

Court ADR Processes Available:

  • Appellate
    • Mediation
    • Settlement Conference
  • Attorney-Client Fee Disputes
    • Arbitration
  • Bankruptcy
    • Early Neutral Evaluation
    • Settlement Conference
  • Child Support
    • Mediation
  • Civil
    • Case Evaluation
    • Early Neutral Evaluation
    • Mediation
    • Settlement Conference
  • Criminal
    • Mediation
  • Domestic Relations
    • Mediation
  • Parenting Time
    • Mediation
  • Worker's Compensation
    • Mediation

Funding sources that support court ADR:

  • party fees
  • Alternative Dispute Resolution Act of 1998
    U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 30, 1998
    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 promulga...
  • Civil Justice Reform Act of 1990
    U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001
    Abstract: With this statute, 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 appropri...
  • Montana Code 26-1-813: Mediation - confidentiality - privilege - exceptions
    Montana State Government. 1999
    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 a...
  • Montana Code 40-4-219: Amendment of parenting plan - mediation
    Montana State Government. Enacted 1975; amended effective October 1, 2009
    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 prohibi...
  • Montana Code 40-4-3: Family Law Mediation
    Montana State Government. Enacted 1993; current as of 2011
    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 ...
  • Montana Code 46-1-5: Mediation of Criminal Proceedings
    Montana State Government. 2007
    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. ...

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  • ADR in the Federal District Courts: An Initial Report
    Stienstra, Donna. November 16, 2011
    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...
  • Building Coalitions in Aging, Disability and Dispute Resolution
    ABA Commission on Legal Problems of the Elderly
    Abstract: In 1998, the American Bar Association Commission on Legal Problems of the Elderly received funding from The William and Flora Hewlett Foundation "to promote the integration of conflict resolution in t...
  • Developments in the Use of Alternative Dispute Resolution
    Taylor, Carson; Manos, Chris. Montana Lawyer, Nov. 1999
    Abstract: This article discusses legislation regarding mediator confidentiality in Montana. The new statute protects a mediator's notes from discovery and outlines confidentiality and privilege in mediation and...
  • Environmental Land Use Disputes and ADR
    Donahue, Elizabeth. ABA Section of Dispute Resolution Internship Research Project, 2000
    Abstract: This article addresses the effectiveness of ADR in resolving environmental land use disputes. The author explains the various types of ADR and states that the appropriateness of a particular method wi...
  • Fee Arbitration Noncompliance One More Black Eye for the Profession
    Sheehy, Martha. Montana Lawyer, Jan. 1998
    Abstract: This brief article discusses fee arbitration rules that were adopted by the Montana Supreme Court in 1997 and were deigned to resolve disputes between lawyers and their clients. The rules stated that ...
  • Mediation U.S.A.
    Chantilis, Peter S.. University of Memphis Law Review, Spring 1996
    Abstract: This article provides an overview of rules and statutes about mediation and other forms of alternative dispute resolution (ADR) in all 50 states and Puerto Rico. The author conducted a survey of bar a...
  • National Association for Community Mediation Discussion Groups
    National Association for Community Mediation
    Abstract: The National Association for Community Mediation (NAFCM) hosts a variety of Google groups to facilitate discussion about topics related to mediation. There are groups focused on specific topics, such ...
  • National Association for Community Mediation Program Directory
    Abstract: This interactive map on the National Association for Community Mediation website provides contact information for its member community mediation centers in each state. Centers in Canada, the United Ki...
  • National Association of Youth Courts Program Directory
    National Association of Youth Courts
    Abstract: The National Association of Youth Courts provides an on online, interactive map of youth court programs for most states in the U.S. The directory is also available as a downloadable PDF. The site also...
  • Ninth Circuit Mediation
    Ross, C. Lewis. Montana Lawyer, Dec. 1999
    Abstract: This article discusses alternative dispute resolution (ADR) and mediation specifically at the federal appellate level, focusing on the 9th Circuit Court of Appeals. The author briefly outlines the his...
  • 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.. November 10, 2011
    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 ...
  • Mediation in the United States Court of Appeals for the 9th Circuit Court
    U.S. Court of Appeals for the 9th Circuit Circuit Mediation Office. 2010
    Abstract: The 9th Circuit Court of Appeals' Mediation Program mediates civil cases where parties are represented by counsel at no cost and are accepted into the program either through a Settlement Assessment Co...
  • State Bar of Montana's Dispute Resolution Committee
    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...