| 24.28.101 | JURISDICTION |
This rule has been repealed.
| 24.28.102 | PARTIES, ATTENDANCE, REPRESENTATION |
This rule has been repealed.
| 24.28.103 | REQUESTS FOR MEDIATION |
This rule has been repealed.
| 24.28.104 | TIME FRAMES FOR SETTLEMENT CONFERENCES--NOTICES |
This rule has been repealed.
| 24.28.105 | MOTIONS TO DISMISS FOR FAILURE TO MEET SETTLEMENT REQUIREMENTS |
This rule has been repealed.
| 24.28.106 | MEDIATION CONFERENCES |
This rule has been repealed.
| 24.28.107 | ROLE OF MEDIATOR--UNREPRESENTED CLAIMANT |
This rule has been repealed.
| 24.28.108 | MEDIATOR'S REPORT--RECOMMENDATION |
This rule has been repealed.
| 24.28.109 | MEDIATOR'S REPORT OF NON-COOPERATION |
This rule has been repealed.
| 24.28.110 | NOTICE TO MEDIATOR WHEN DISPUTE SETTLED |
This rule has been repealed.
| 24.28.111 | TIME-COMPUTATION UNDER MEDIATION RULES |
This rule has been repealed.
| 24.28.112 | FILE INFORMATION |
This rule has been repealed.
| 24.28.121 | REQUESTS FOR MEDIATION |
(1) A party may request mediation by submitting a request to the department:
(a) by mail: Dispute Resolution Section, P.O. Box 8011, Helena, MT 59604;
(b) by e-mail: [email protected]; or
(c) through other means specified by the department.
(2) Electronically submitted documents may bear either a copied manual signature, or an electronic signature.
| 24.28.125 | PARTIES |
(1) The following persons must attend mediation, and may be represented by counsel:
(a) the claimant;
(b) any potentially liable insurer or the uninsured employers' fund, through a designated representative; and
(c) in mediations involving the uninsured employers' fund, any potentially liable employer.
(2) Failure to attend mediation may result in dismissal or a report designating the party as having failed to cooperate in mediation.
| 24.28.129 | MEDIATION PROCESS |
(1) Mediation must be held within 45 days of receipt by the department of the request for mediation. The time for mediation may be extended by mutual agreement of the parties and the mediator.
(2) The department will issue a notice of mediation, setting forth the time and means of mediation. The notice of mediation will also set forth any documentation or information requests for consideration by the mediator. The parties may supplement the requested information.
(3) Mediation may be held by telephone or remote conferencing platform, or by request of the parties and at the discretion of the mediator, by any other means believed to be beneficial in reaching a conciliated outcome.
(4) The parties may jointly agree to keep open a mediation.
(5) No more than ten days after the close of mediation, the mediator will set forth a written recommendation for the parties.