40-16-122. Modification of confirmed award or judgment. If a party requests under the law of this state a modification of an award confirmed under 40-16-116 or judgment on the award based on a fact occurring after confirmation:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Montana Code 40-16-122

  • Arbitrator: means an individual selected, alone or with others, to make an award in a family law dispute that is subject to an arbitration agreement. See Montana Code 40-16-102
  • Party: means an individual who signs an arbitration agreement and whose rights will be determined by an award. See Montana Code 40-16-102
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 40-16-102

(1)the parties shall proceed under the dispute resolution method specified in the award or judgment; or

(2)if the award or judgment does not specify a dispute resolution method, the parties may:

(a)agree to arbitrate the modification before the original arbitrator or another arbitrator; or

(b)absent agreement, proceed under the appropriate law of this state governing modification of a judgment.