Montana Code Annotated 2023



Part 3. Family Law Mediation

Mediation Proceeding -- Tolling Of Statute Of Limitations

40-4-302. Mediation proceeding -- tolling of statute of limitations. (1) The purpose of a mediation proceeding is to reduce the acrimony that may exist between the parties and to develop an agreement that is supportive of the best interests of a child involved in the proceeding.

(2) The mediator shall attempt to effect a settlement of the parenting, child support, parental contact with the child, maintenance, or property settlement dispute. The mediator may not use coercive measures to effect the settlement. The mediator may recommend that a party obtain assistance from other resources in the community.

(3) Subject to 40-4-301(1) and except in cases involving domestic violence, the mediator may exclude attorneys from the mediation sessions. The parties' attorneys may confer with the mediator prior to the mediation session and may review and approve any agreement. In cases involving domestic violence, a victim may elect to have advocates and support persons who are not attorneys present during the mediation.

(4) An applicable statute of limitations is tolled as to the participants during the period of mediation. The tolling commences on the date the parties agree in writing to participate in the mediation or when the court orders mediation, whichever is later, and ends on the date the mediation is officially terminated by the mediator.

History: En. Sec. 2, Ch. 199, L. 1993; amd. Sec. 28, Ch. 343, L. 1997; amd. Sec. 3, Ch. 350, L. 2013.