Mont. Code Ann. » TITLE 40. FAMILY LAW · CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT · Part 3. Family Law Mediation
Montana Code Annotated

Mont. Code Ann. § 40-4-306 (2026)

Mediator List

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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 4
  4. Part 3
  5. 40-4-306 Mediator list

TITLE 40. FAMILY LAW

CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT

Part 3. Family Law Mediation

Mediator List

40-4-306. Mediator list. The district court shall establish and maintain a list of mediators available to assist parties in formally mediating disputes as provided in 40-4-301 and 40-4-302. The list of mediators must be maintained by the clerk of court. The clerk of court may accept the applications of individuals who meet the qualifications required under 40-4-307 and who seek placement on the mediator list. The applications must be presented to the court for review and approval. A mediator may be a member of the staff or contracted staff of a district court, probation department, mental health services agency, or private mediation service.

History: En. Sec. 6, Ch. 199, L. 1993.

Notes of Decisions
Cited in 2 cases, 2017–2017 · leading case: In Re the Marriage of Brockington & Brown, 2017 MT 92, 400 P.3d 205.
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In Re the Marriage of Brockington & Brown, 2017 MT 92, 400 P.3d 205. · cites it 4× “The mediator “must have knowledge of the mediation process[,]” and while the parties may stipulate to a mediator not maintained on the mediator list established by the court pursuant to § 40-4-306, MCA, there are no statutory provisions which sanction a dual appointment as both…”
Marriage of Brockington, 2017 MT 92. · cites it 2× “The mediator “must have knowledge of the mediation process[,]” and while the parties may stipulate to a mediator not maintained on the mediator list established by the court pursuant to § 40-4-306, MCA, there are no statutory provisions which sanction a dual appointment as both…”
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