Mont. Admin. R. 24.5.334 - SETTLEMENT CONFERENCE OR MEDIATION
(1)
In its discretion, the court may, either on its own motion or upon request of a
party, order a settlement conference or mediation at any time before it issues
a decision in any case pending before the court. The court may appoint a
settlement master or mediator. If the parties use an outside settlement master
or mediator, the parties shall equally share the expense of hiring this person
unless they agree otherwise.
(2)
The person with ultimate settlement authority for each party shall attend the
settlement conference or mediation in person. Upon order of the court or
agreement of the parties, the person with ultimate settlement authority may
participate by phone.
(3) No party
may disclose any statements or communications any participant or attendee,
including the settlement master or mediator, made in connection with the
settlement conference or mediation to anyone. No party may use any statements
or communications any participant or attendee, including the settlement master
or mediator, made during the settlement conference or mediation with regard to
any aspect of the litigation. No party may subpoena or otherwise require the
settlement master or mediator to testify in any future proceedings. No party
may examine any participant or attendee concerning any statements or
communications that person or any other participant or attendee, including the
settlement master or mediator, made or allegedly made in connection with the
settlement conference or mediation. However, the settlement master or mediator
may disclose whether settlement was reached and the terms of the
settlement.
Notes
AUTH: 2-4-201, MCA; IMP: 2-4-201, 39-71-2901, MCA
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