ARM 24.28.108
Hall v. New Hampshire Ins. Co. [07/12/16] 2016 MTWCC 10 For ARM 24.28.108(2) to apply to a case in which the parties agreed to postpone the issuance of the mediator’s Report and Recommendation, a party must prove that the mediator failed to comply with the deadline. Where this Court has no dates from which to determine when the mediator received all of the additional information needed to remove the case from its pending status, this Court cannot conclude that the mediator failed to comply with the deadline set forth in ARM 24.28.108(2). |
| Nelson v. State Compensation Insurance Fund [4/4/96] 1996 MTWCC 29 Although respondent moved to dismiss petition for failure to mediate, affidavit from claimant’s counsel indicated that two mediation conferences were held, but no mediation report issued where respondent had asked for additional medical information, which claimant cooperated in allowing respondent to obtain. Although section 39-71-2411(5), MCA (1995) and ARM 24.28.108(2), require that a mediation report issue within ten days, there are provisions for postponement, but not unilateral postponement. The parties are directed to contact the mediator and request that a report issue forthwith. They should provide any additional information they wish to provide to the mediator. |