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Montana
Montana
Indicates ADR resources RSI recommends as particularly useful.
Online resources
In-print resources
Authority for court ADR derives from:
- State Courts
- Montana Code 40-4-3: Family Law Mediation
- Montana Code 46-1-5: Mediation of Criminal Proceedings
- Montana Rules of Appellate Procedure Rule 7 - Mandatory Appellate Alternative Dispute Resolution
- Federal Courts
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
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 30, 1998
Alternative Dispute Resolution Act of 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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Montana 10th Judicial District Court Local Rule 21 - Alternative Dispute Resolution
Montana 10th Judicial District Court. February 2003
Abstract: Parties may choose to hire a private mediator to mediate their case. The court may also order parties in all civil cases to participate in settlement conferences. Settlement judges or masters may faci...Montana 13th Judicial District Court Local Rule 27 - Evaluations, Therapy, Counseling and Dispute Resolution in Domestic Relations Cases
Montana 13th Judicial Court. Revised February 1, 2011
Abstract: This rule instructs judges to consider whether to order parties in domestic relations cases to participate in evaluation, therapy, counseling or a dispute resolution process "as may appear necessary a...Montana 13th Judicial District Court Local Rule 29 - Settlement Conferences and Alternative Dispute Resolution
Montana 13th Judicial District Court. Revised February 1, 2011
Abstract: Judges are authorized to require parties to participate in a settlement conference or mediation. Parties may also request to participate in either process. Settlement conferences may be facilitated by...Montana 14th Judicial District Court Rule 21 - Alternative Dispute Resolution
Montana 14th Judicial District Court. Effective May 15, 2003
Abstract: This rule allows parties to voluntarily hire a private mediator to attempt to settle their case. Communications made during mediation are confidential. The rule also authorizes courts to order parties...Montana 17th Judicial District Court Rule 21 - Alternative Dispute Resolution
Montana 17th Judicial District Court. Adopted effective July 1, 1997
Abstract: This rule allows parties to voluntarily hire a private mediator to attempt to settle their case. Communications made during mediation are confidential. The rule also authorizes courts to order parties...Montana 19th Judicial District Court Rule 48 - Mediation Conferences
Montana 19th Judicial District Court. July 1, 2002
Abstract: Parties may request, or the court may order, a mediation conference in any case. Parties may choose a mediator, or the court may appoint one. At least five days before mediation, each party must submi...Montana 21st Judicial District Court Rule 11 - Settlement Conferences
Montana 21st Judicial District Court
Abstract: For all civil cases, a settlement conference must be held prior to trial. Court-approved settlement masters will facilitate the conferences. Counsel and parties must attend the conference in person. A...Montana 22nd Judicial District Court Rule 11 - Settlement Conferences or Mediation
Montana 22nd Judicial District Court. Adopted July 1, 2006
Abstract: For all civil cases, a settlement conference must be held prior to trial. Parties may also request, or the court may order, a mediation instead of a settlement conference. The court maintains rosters ...Montana 2nd Judicial District Court Local Rule 36 - Settlement Conferences
Montana 2nd Judicial District Court. Revised effective November 3, 1997
Abstract: Parties to all civil cases are required to participate in a settlement conference prior to trial. Parties may choose a settlement master, or the court may appoint one if the parties cannot agree. Part...Montana 2nd Judicial District Court Local Rule 37 - Domestic Relations Mediation Program
Montana 2nd Judicial District Court. Revised effective November 3, 1997
Abstract: All cases involving a dispute over a domestic issue will be referred to the court's Domestic Relations Mediation Program. The parties and their counsel are required to meet with the settlement facilit...Montana 5th Judicial District Court Local Rule 7 - Settlement Conferences or Mediations
Montana 5th Judicial District Court. October 25, 2006
Abstract: Settlement conferences are required for all civil cases unless waived by all parties. Parties are required to attend the conference in person and have authority to settle.Montana 6th Judicial District Court Local Rule 11 - (Alternative Dispute Resolution) Settlement Conferences or Mediations
Montana 6th Judicial District Court
Abstract: For all civil cases, parties must participate in a "Master-supervised" settlement conference or mediation prior to trial. Both proceedings are confidential. The rule also addresses scheduling and atte...Montana Rules of Appellate Procedure Rule 7 - Mandatory Appellate Alternative Dispute Resolution
Supreme Court of Montana. July 3, 2007; amended April 26, 2011
Abstract: Under this rule, mediation is appropriate for any appeal dealing with domestic relations cases, worker's compensation, money judgments, or any other appeal which the Supreme Court designates as approp...State Bar of Montana Rules on Arbitration of Fee Disputes
Supreme Court of Montana. July 29, 1998; amended May 1, 2009
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 t...U.S. Bankruptcy Court for the District of Montana Rule 7016-1 - Pretrial Procedures
U.S. Bankruptcy Court for the District of Montana. December 1, 2001
Abstract: This rule discusses pretrial procedures, addressing issues such as parties in default, conferences and the role of the court in both. Section b(3) states that during a case scheduling conference, part...U.S. Bankruptcy Court for the District of Montana Rule 9019-1 - Alternative Dispute Resolution and Settlement Conferences
U.S. Bankruptcy Court for the District of Montana. December 1, 2001; amended December 1, 2009
Abstract: This rule states that the court 'encourages the use of alternative dispute resolution' processes to resolve adversary proceedings or contested matters. The rule specifically mentions early neutral eva...U.S. Court of Appeals for the 9th Circuit Rule 33-1: Settlement Program - Appeal Conferences
U.S. Court of Appeals for the 9th Circuit . Revised effective December 1, 2009
Abstract: This rule states that the primary purpose of a prehearing conference is to explore settlement of the dispute that gave rise to the appeal. The court may require the attendance of parties and counsel. ...U.S. District Court for the District of Montana 16.5 - Alternative Dispute Resolution
U.S. District Court for the District of Montana. January 1, 2002; current as of January 31, 2013
Abstract: Under this rule, the court 'encourages the use of mediation and neutral evaluation as alternative dispute resolution (ADR) procedures' and a judge may require parties to participate in these processes...U.S. District Court for the District of Montana Rule 16 - Pretrial Proceedings
U.S. District Court for the District of Montana. U.S. District Court for the District of Montana Local Rules of Procedure, January 1, 2002; amended January 1, 2012
Abstract: This rule addresses pretrial proceedings in the U.S. District Court for the District of Montana. Pretrial conferences, scheduling orders, final pretrial orders and final pretrial conferences are discu...
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ADR Guidebook
U.S. Ninth Circuit Standing Committee on Alternative Dispute Resolution. June 2003
Abstract: This guidebook provides a general overview of how to create a court-annexed ADR program. Developed by the U.S. Ninth Circuit Standing Committee on Alternative Dispute Resolution, the guidebook provide...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...