Title 40, Title 40

(1) A party who has served on the other party a preliminary declaration of disclosure under 40-4-252 or a final declaration of disclosure under 40-4-253 and who has provided the information required in the declarations with sufficient particularity may, within a reasonable time, …

(1) Except as provided in subsection (2), at any time during the proceedings, the court may, upon application of a party and for good cause and after consideration of the relative nature, scope, and extent of the marital estate, order the liquidation or transfer of title of marit…

In the case of a default judgment, a petitioner may waive the final disclosure requirements of 40-4-253 and 40-4-254. However, the petitioner shall comply with the preliminary declaration of disclosure requirements of 40-4-252.

A disclosure required by 40-4-252 through 40-4-254 does not abrogate the attorney work product privilege or the formal discovery procedures provided by the Montana Rules of Civil Procedure or does not impede the power of the court to issue protective orders.

(1) The district court may at any time consider the advisability of requiring the parties to a proceeding under this chapter to participate in the mediation of the case. Any party may request the court to order mediation. If the parties agree to mediation, the court may require t…

(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 parentin…

Mediation proceedings under this part are subject to the confidentiality and privilege provisions of 26-1-813. Mediation proceedings must be conducted in private unless otherwise agreed to in writing by the parties and the mediator. All records of a mediation proceeding are confi…

The mediator may, upon stipulation by the parties, recommend temporary orders to the court prior to the final decree.

An agreement reached by the parties as a result of mediation must be discussed by the parties with their attorneys, if any, before the agreement is finalized. An agreement reached in mediation is not admissible as evidence in any action unless the agreement has been affirmed by t…

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 i…

A mediator must meet the following minimum qualifications: (1) knowledge of the court system and the procedures used in family law matters; (2) knowledge of other resources in the community to which the parties may be referred for assistance; (3) knowledge in the area of domestic…

A court may establish a fee schedule for the costs of administering this part. The fees must be paid by the parties to the mediation proceeding.