40-16-108. Qualification and selection of arbitrator. (1) Except as otherwise provided in subsection (2), unless waived in a record by the parties, an arbitrator must be:

(a) an attorney in good standing admitted to practice in the state or a retired Montana district court judge; and

(b) trained in identifying domestic violence.

(2) The identification in the arbitration agreement of an arbitrator or arbitration organization or the method for selecting an arbitrator that is specified in the arbitration agreement controls how an arbitrator is selected.

(3) If an arbitrator is unable or unwilling to act, or if the agreed-on method of selecting an arbitrator fails, on motion of a party, the court shall select an arbitrator.