Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 71. WORKERS' COMPENSATION · Part 24. Mediation
Montana Code Annotated

Mont. Code Ann. § 39-71-2408 (2026)

Mandatory, Nonbinding Mediation

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 71
  4. Part 24
  5. 39-71-2408 Mandatory, nonbinding mediation

TITLE 39. LABOR

CHAPTER 71. WORKERS' COMPENSATION

Part 24. Mediation

Mandatory, Nonbinding Mediation

39-71-2408. Mandatory, nonbinding mediation. (1) Except as otherwise provided, in a dispute arising under this chapter, the insurer and claimant shall mediate any issue concerning benefits and the mediator shall issue a report following the mediation process recommending a solution to the dispute before either party may file a petition in the workers' compensation court.

(2) The resolution recommended by the mediator is without administrative or judicial authority and is not binding on the parties.

History: En. Sec. 54, Ch. 464, L. 1987; amd. Sec. 31, Ch. 416, L. 2005.

Notes of Decisions
Cited in 3 cases, 1988–2005 · leading case: Preston v. Transp. Ins., 2004 MT 339 (Mont. 2004).
Sort: Relevance Newest Treatment
Preston v. Transp. Ins., 2004 MT 339 (Mont. 2004). · cites it 30× “the insurer and claimant shall mediate any issue concerning benefits and the mediator shall issue a *531 report following the mediation process recommending a solution to the dispute before either party may file a petition in the workers' compensation court.”
Carmichael v. Workers' Comp. Court, 763 P.2d 1122 (Mont. 1988). · cites it 11× “On September 15, 1987, Arco filed a motion to dismiss Carmichael's claim based on § 39-71-2408, MCA, which requires both parties to submit to nonbinding mediation regarding any issue concerning benefits before either party may file a petition in the Workers' Compensation Court.”
Flynn v. Uninsured Employers' Fund, 2005 MT 269 (Mont. 2005). · cites it 6× “However, § 39-71-2408, MCA (2001), requires mediation before “either party may file a petition in the workers’ compensation court.”
Mont. Code Ann. § 39-71-2408(1): 1 case
Preston v. Transp. Ins., 2004 MT 339 (Mont. 2004). “the insurer and claimant shall mediate any issue concerning benefits and the mediator shall issue a *531 report following the mediation process recommending a solution to the dispute before either party may file a petition in the workers' compensation court.”
Mont. Code Ann. § 39-71-2408(2): 1 case
Preston v. Transp. Ins., 2004 MT 339 (Mont. 2004). “the insurer and claimant shall mediate any issue concerning benefits and the mediator shall issue a *531 report following the mediation process recommending a solution to the dispute before either party may file a petition in the workers' compensation court.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.