75-10-748. Preallocation negotiations. (1) After discovery pursuant to 75-10-747 closes, all persons participating in the allocation process shall conduct good faith settlement negotiations for a period of 30 days.

Terms Used In Montana Code 75-10-748

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

(2)The participating potentially liable persons may use an impartial mediator when conducting settlement negotiations.

(3)If a settlement is reached under subsection (1), the persons shall execute a stipulated agreement as provided in 75-10-750.

(4)If a stipulated agreement is not executed as provided in 75-10-750, the persons shall select an allocator as provided in 75-10-749.