Title 40, Title 40

(1) If the parties have entered into an arbitration agreement, a party may initiate arbitration by giving notice to arbitrate to the other party in the manner specified in the arbitration agreement. (2) If the parties have not entered into an arbitration agreement, a party may se…

(1) A motion for judicial relief under this part must be made to the court in which a proceeding is pending involving a family law dispute subject to arbitration or, if no proceeding is pending, a court with jurisdiction over the parties and the subject matter. (2) On motion of a…

(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)…

(1) Before agreeing to serve as an arbitrator, an individual, after making reasonable inquiry, shall disclose to all parties any known fact a reasonable person would believe is likely to affect: (a) the impartiality of the arbitrator in the arbitration, including bias, a financia…

(1) A party may: (a) be represented in an arbitration by an attorney; (b) be accompanied by an individual who will not be called as a witness or act as an advocate; and (c) participate in the arbitration to the full extent permitted under the law and procedural rules of this stat…

(1) Before an arbitrator is selected and able to act, on motion of a party, the court may enter a temporary order under 40-4-121. (2) After an arbitrator is selected: (a) the arbitrator may make a temporary award under 40-4-121; and (b) if the matter is urgent and the arbitrator …

(1) As used in this section, "protection order" means an injunction or other order, issued under the domestic violence, family violence, or stalking laws of the issuing jurisdiction, to prevent an individual from engaging in a violent or threatening act against, harassment of, co…

(1) An arbitrator shall conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the dispute. (2) An arbitrator shall provide each party a right to be heard, to present evidence material to the family law dispute, and to cr…

(1) Except as otherwise provided in subsection (2) or required by law of this state other than this part, an arbitration hearing need not be recorded unless required by the arbitrator, provided by the arbitration agreement, or requested by a party. (2) An arbitrator shall request…

(1) An arbitrator shall make an award in a record, dated and signed by the arbitrator. The arbitrator shall give notice of the award to each party by a method agreed on by the parties or, if the parties have not agreed on a method, in the manner provided in Title 27, chapter 5. (…

(1) After an arbitrator gives notice under 40-16-115(1) of an award, including an award corrected under 40-16-117, a party may move the court for an order confirming the award. (2) Except as otherwise provided in subsection (3), the court shall confirm an award under this part if…

On motion of a party made not later than 30 days after an arbitrator gives notice under 40-16-115(1) of an award, the arbitrator may correct the award: (1) if the award has an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or prop…

(1) On motion of a party made not later than 90 days after an arbitrator gives notice under 40-16-115(1) of an award, including an award corrected under 40-16-117, the court shall correct the award if: (a) the award has an evident mathematical miscalculation or an evident mistake…

(1) On motion of a party, the court shall vacate an unconfirmed award if the moving party establishes that: (a) the award was procured by corruption, fraud, or other undue means; (b) there was: (i) evident partiality by the arbitrator; (ii) corruption by the arbitrator; or (iii) …

If the meaning or effect of an award confirmed under 40-16-116 is in dispute, the parties may: (1) agree to arbitrate the dispute before the original arbitrator or another arbitrator; or (2) proceed in court under the law of this state governing clarification of a judgment.

(1) On granting an order confirming, vacating without directing a rehearing, or amending an award under this part, the court shall enter judgment in conformity with the order. (2) On motion of a party, the court may order that a document or part of the arbitration record be seale…

If a party requests under the law of this state a modification of an award confirmed under 40-16-116 or judgment on the award based on a fact occurring after confirmation: (1) the parties shall proceed under the dispute resolution method specified in the award or judgment; or (2)…

(1) The court shall enforce an award confirmed under 40-16-116, including a temporary award, in the manner and to the same extent as any other order or judgment of a court. (2) The court shall enforce an arbitration award in a family law dispute confirmed by a court in another st…

(1) An appeal may be taken under this part from: (a) an order confirming or denying confirmation of an award; (b) an order correcting an award; (c) an order vacating an award without directing a rehearing; or (d) a final judgment. (2) An appeal under this section may be taken as …

(1) (a) An arbitrator or arbitration organization acting in that capacity in a family law dispute is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity. (b) The civil immunity provisions of this subsection (1) do not a…

In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices describe…

This part applies to arbitration of a family law dispute under an arbitration agreement made on or after October 1, 2021. If an arbitration agreement was made before October 1, 2021, the parties may agree in a record that this part applies to the arbitration.