Montana § 40-16-107 - Motion For Judicial Relief

§ 40-16-107. Motion For Judicial Relief

Motion for judicial relief. (1) A motion for judicial relief under this part must be made to the court in which a proceeding is pending involving a family law dispute subject to arbitration or, if no proceeding is pending, a court with jurisdiction over the parties and the subject matter. (2) On motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement that complies with 40-16-105 unless the court determines under 40-16-112 that the arbitration should not proceed. (3) On motion of a party, the court shall terminate arbitration if it determines that: (a) the agreement to arbitrate is unenforceable; (b) the family law dispute is not subject to arbitration; or (c) under 40-16-112 , the arbitration should not proceed. (4) Unless prohibited by an arbitration agreement, on motion of a party, the court may order consolidation of separate arbitrations involving the same parties and a common issue of law or fact if necessary for the fair and expeditious resolution of the family law dispute.