Montana Code 46-1-502. Mediation
46-1-502. Mediation. (1) At any time after the commencement of a prosecution and before the verdict, the court may, at its suggestion or upon motion of a party and with the consent of all the parties, refer the proceeding to mediation by a mediator chosen by the court.
Terms Used In Montana Code 46-1-502
- Charge: means a written statement that accuses a person of the commission of an offense, that is presented to a court, and that is contained in a complaint, information, or indictment. See Montana Code 46-1-202
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Mediation: has the meaning provided in 26-1-813(1). See Montana Code 46-1-501
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Party: means any one of the following, and "parties" means all of the following:
(a)the defendant;
(b)a victim of the crime; or
(c)the county attorney or other prosecuting attorney. See Montana Code 46-1-501
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Sentence: means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty. See Montana Code 46-1-202
- Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
- Verdict: The decision of a petit jury or a judge.
(2)The proceeding may not be referred for mediation if the offense charged is:
(a)deliberate homicide, as described in 45-5-102;
(b)mitigated deliberate homicide, as described in 45-5-103;
(c)intimidation, as described in 45-5-203;
(d)partner or family member assault, as described in 45-5-206;
(e)assault on a minor, as described in 45-5-212;
(f)strangulation of a partner or family member, as described in 45-5-215;
(g)stalking, as described in 45-5-220;
(h)aggravated kidnapping, as described in 45-5-303;
(i)a sex crime, as described in 45-5-502, 45-5-503, 45-5-504, or 45-5-507;
(j)endangering the welfare of children, as described in 45-5-622;
(k)sexual abuse of children, as described in 45-5-625; or
(l)ritual abuse of a minor, as described in 45-5-627.
(3)Any aspect of or issue in the proceeding may be the subject of the mediation, including but not limited to the charge, a plea bargain, or a recommended sentence.
(4)At any point during mediation, a party may withdraw from the mediation without penalty or sanction.
(5)This section does not prohibit the parties from engaging in traditional plea negotiations.