Montana § 46-1-502 Mediation

Montana Statutes

§ 46-1-502 — Mediation

Montana § 46-1-502

Title 46CRIMINAL PROCEDURE

Ch. 1GENERAL PROVISIONS

Part 5Mediation of Criminal Proceedings

This text of Montana § 46-1-502 (Mediation) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 46-1-502 (2026).

Text

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.

(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)

Free access — add to your briefcase to read the full text and ask questions with AI

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.
(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.