46-1-502. Mediation.

MONTANA STATUTES AND CODES

     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) stalking, as described in 45-5-220;
     (g) aggravated kidnapping, as described in 45-5-303;
     (h) a sex crime, as described in 45-5-502, 45-5-503, 45-5-504, 45-5-505, or 45-5-507;
     (i) endangering the welfare of children, as described in 45-5-622;
     (j) sexual abuse of children, as described in 45-5-625; or
     (k) 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.