Montana Code 39-71-2406. Purpose
39-71-2406. Purpose. The purpose of this part is to prevent when possible the filing in the workers’ compensation court of actions by claimants or insurers relating to claims under this chapter if an equitable and reasonable resolution of the dispute may be effected at an earlier stage. To achieve this purpose, this part provides for a procedure for mandatory, nonbinding mediation. It is the intent of this part that the mediation process be used to resolve cases on an informal basis at minimal cost to the parties, and to this end, the parties are required to fully present their cases at the mediation level. However, if a cause proceeds to the workers’ compensation court, the parties are not precluded from presenting additional evidence before the court. If a new issue is raised at the workers’ compensation court that was not raised at mediation, the court shall remand the issue to the mediator for consideration.
Terms Used In Montana Code 39-71-2406
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Remand: When an appellate court sends a case back to a lower court for further proceedings.