Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.28 - WORKERS' COMPENSATION MEDIATION
Subchapter 24.28.1 - Workers' Compensation Dispute Mediation-Jurisdiction Procedures And Reports
Rule 24.28.129 - MEDIATION PROCESS

(1) Mediation must be held within 45 days of receipt by the department of the request for mediation. The time for mediation may be extended by mutual agreement of the parties and the mediator.

(2) The department will issue a notice of mediation, setting forth the time and means of mediation. The notice of mediation will also set forth any documentation or information requests for consideration by the mediator. The parties may supplement the requested information.

(3) Mediation may be held by telephone or remote conferencing platform, or by request of the parties and at the discretion of the mediator, by any other means believed to be beneficial in reaching a conciliated outcome.

(4) The parties may jointly agree to keep open a mediation.

(5) No more than ten days after the close of mediation, the mediator will set forth a written recommendation for the parties.