46-1-504. Procedure following mediation. (1) If mediation is successful, the mediator shall inform the court of the results of the mediation and of any agreement reached.

Terms Used In Montana Code 46-1-504

  • Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Mediation: has the meaning provided in 26-1-813(1). See Montana Code 46-1-501
  • Prosecutor: means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision. See Montana Code 46-1-202

(2)If mediation is unsuccessful or if one of the parties withdraws from the mediation, the mediator shall notify the court and the prosecutor may proceed with the prosecution of the defendant.

(3)After a successful mediation, the results of the mediation and any agreement reached by the parties to the mediation are subject to the approval of the court.