The Cart before the Horse

You must mediate disputes in your workers’ compensation case before you can litigate.

Montana law establishes a comprehensive framework for mandatory mediation in workers' compensation disputes. In disputes arising under Montana's workers' compensation chapter, "the insurer and claimant shall mediate any issue concerning benefits and the mediator shall issue a report following the mediation process recommending a solution to the dispute before either party may file a petition in the workers' compensation court." 39-71-2408, MCA. The mediation process is mandatory but nonbinding, as "the resolution recommended by the mediator is without administrative or judicial authority and is not binding on the parties." 39-71-2408, MCA.

The legislative purpose behind these requirements is "to prevent when possible the filing in the workers' compensation court of actions by claimants or insurers relating to claims under this chapter if an equitable and reasonable resolution of the dispute may be effected at an earlier stage." 39-71-2406, MCA. The mediation process is designed to "resolve cases on an informal basis at minimal cost to the parties." 39-71-2406, MCA

Montana's workers' compensation mediation requirements establish a comprehensive mandatory but nonbinding dispute resolution system that must be satisfied before court access. The framework generally serves its intended purpose of reducing court filings while preserving ultimate access to judicial resolution.