CMC Mediation Policy for Attorneys
Consistent with our mission, our mediators are trained in facilitative mediation, which encourages mediations to be conducted with all parties together in one room. Therefore, the use of caucuses or shuttle diplomacy is at the sole discretion of the mediators conducting the mediation. Our mediators do not practice the evaluative mediation style typically found in settlement conferences.
Exceptions are made for cases with an allegation of domestic violence and/or orders of protection. In this case, parties will be separated. If either party feels being on the CMC premises may jeopardize their safety, that party or their attorney may contact that Court to request a waiver of mediation per Montana law.
The CMC does not require that a party’s attorney to be present at the mediation, however the CMC does require the party to have final authorization to enter into any agreements if their attorney is not present.
Consistent with the facilitative approach, attorneys are expected to allow their clients to be the primary participant and to discuss issues directly with the mediator and the other party.
We do not request mediation memos prior to mediation service. You are welcome to draft a memo, but the CMC cannot guarantee that the mediator will have a chance to read the memo prior to conducting the mediation.
If an attorney is disruptive to the mediation process, the CMC mediators may stop the mediation. The CMC does not tolerate attorney intimidation toward any party or the mediators.
The CMC is located within the 18th Judicial District, however we provide mediation services for parties in multiple judicial districts. Each Judicial District has it’s own set of local rules. For example, local rules generally dictate whether a party must attend mediation in person as opposed to attending via video-conferencing. The CMC is not responsible for enforcing the local court rules applicable to your case. Enforcement of local court rules is the responsibility of the parties and their attorneys.
The CMC has the ability to conduct mediations via videoconferencing (Skype, Face Time) and can mediate via videoconferencing upon request. We require that both parties can see the mediators and that the mediators can see both parties. If you would like to request mediation via videoconferencing, please contact the CMC.