40-16-108. Qualification and selection of arbitrator. (1) Except as otherwise provided in subsection (2), unless waived in a record by the parties, an arbitrator must be:
(a) an attorney in good standing admitted to practice in the state or a retired Montana district court judge; and
(b) trained in identifying domestic violence.
(2) The identification in the arbitration agreement of an arbitrator or arbitration organization or the method for selecting an arbitrator that is specified in the arbitration agreement controls how an arbitrator is selected.
(3) If an arbitrator is unable or unwilling to act, or if the agreed-on method of selecting an arbitrator fails, on motion of a party, the court shall select an arbitrator.
History: En. Sec. 8, Ch. 32, L. 2021.
Structure Montana Code Annotated
Chapter 16. Family Law Arbitration
Part 1. Uniform Family Law Arbitration Act
40-16-105. Arbitration agreement
40-16-106. Notice of arbitration
40-16-107. Motion for judicial relief
40-16-108. Qualification and selection of arbitrator
40-16-109. Disclosure by arbitrator -- disqualification
40-16-110. Party participation
40-16-111. Temporary order or award
40-16-112. Protection of party or child
40-16-113. Powers and duties of arbitrator
40-16-114. Recording of hearing
40-16-116. Confirmation of award
40-16-117. Correction by arbitrator of unconfirmed award
40-16-118. Correction by court of unconfirmed award
40-16-119. Vacation or amendment by court of unconfirmed award
40-16-120. Clarification of confirmed award
40-16-122. Modification of confirmed award or judgment
40-16-123. Enforcement of confirmed award
40-16-125. Immunity of arbitrator
40-16-126. Uniformity of application and construction
40-16-127. Relation to electronic signatures in global and national commerce act