Montana § 46-1-502 - Mediation

§ 46-1-502. Mediation

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.