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

Mont. Code Ann. § 39-71-2410 (2026)

Limitations On Mediation Proceedings

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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 71
  4. Part 24
  5. 39-71-2410 Limitations on mediation proceedings

TITLE 39. LABOR

CHAPTER 71. WORKERS' COMPENSATION

Part 24. Mediation

Limitations On Mediation Proceedings

39-71-2410. Limitations on mediation proceedings. (1) Except as may be necessary for the workers' compensation court to rule on issues arising under 39-71-2401(4)(c) or 39-71-2411(8)(c), mediation proceedings must be:

(a) held in private;

(b) informal and held without a verbatim record; and

(c) confidential.

(2) All communications, verbal or written, from the parties to the mediator and any information and evidence presented to the mediator during the proceeding are confidential.

(3) A mediator's files and records are closed to all persons but the parties.

(4) (a) A mediator may not be called to testify in any proceeding concerning the issues discussed in the mediation process.

(b) The mediator's report and any of the information or recommendations contained in the report are not admissible as evidence in any action subsequently brought in any court of law.

(5) Subsections (1) through (4) do not prohibit a mediator from issuing a report and the parties and the mediator may be required to attend a conference before the workers' compensation court as set forth in 39-71-2411.

History: En. Sec. 56, Ch. 464, L. 1987; amd. Sec. 4, Ch. 427, L. 1989; amd. Sec. 11, Ch. 558, L. 1991; amd. Sec. 1, Ch. 39, L. 2005.

Notes of Decisions
Cited in 1 case, 2004–2004 · leading case: Preston v. Transp. Ins., 2004 MT 339, 102 P.3d 527.
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Preston v. Transp. Ins., 2004 MT 339, 102 P.3d 527. · cites it 4× “" Indeed, § 39-71-2411(4), MCA, states that during mediation, a party is not limited by the rules of *530 evidence, nor is a verbatim record made of the mediation proceedings, § 39-71-2410(1)(b), MCA. ¶ 25 Here, Preston's petition for mediation is a petition for a non-binding…”
Mont. Code Ann. § 39-71-2410(1)(b): 1 case
Preston v. Transp. Ins., 2004 MT 339, 102 P.3d 527. “" Indeed, § 39-71-2411(4), MCA, states that during mediation, a party is not limited by the rules of *530 evidence, nor is a verbatim record made of the mediation proceedings, § 39-71-2410(1)(b), MCA. ¶ 25 Here, Preston's petition for mediation is a petition for a non-binding…”
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