You've discovered the repository of all things FTP! Please send any suggested edits or additions to Katy.Lovell@mt.gov. Enjoy!

We offer a more peaceful and less stressful path through divorce and co-parenting. We operate statewide, and qualified parties receive free mediation, legal advice, and child support consultation. 

Our flyer is the best way to share the program with others and a good reminder of our qualifications.

Both parties must:

• need a parenting plan or divorce
• have at least one child
• have a case in a Montana court or be planning to file in Montana

And at least one party must:

• not have a lawyer
• meet certain income requirements.

Justice Beth Baker was instrumental in laying the groundwork for the Family Transition Project. In this video, she shares a bit of program history.

As of July 2025,

Montanans have completed over 100 mediation processes (for free!)  

through the Montana Family Transition Project.

We've had 210 cases total.

Of those, 73 are in progress and 30 withdrew from the program prior to mediation.

In 47 cases, parties reached full agreement through the program, in 19, parties reached partial agreement, and in 41, parties reached no agreement.

Overall, parties in 62% of our mediated cases reach some kind of agreement.

We are so thankful that you are part of our team. Supporting separating families can be some of the most uplifting work out there... and also the most devastating. It's very important to us that you have the resources you need to care for yourself as much as you care for parties. 

First, a few helpful PDFs produced by a fantastic organization called The Trauma Stewardship Institute:

• The Tiny Survival Guide
• Symptoms of Overwhelm
• Map for Managing One's Day

...and this video will, we hope, remind you why this work is so important.

Please don't hesitate to reach out if you need some support!

You are now working alongside a stellar group of colleagues. Our goal is to approach each case collaboratively and creatively: the mediator, legal advisors, and child support consultant working together to support the separating couple as they make decisions about the next stage of their lives. 

The first step of good teamwork is knowing how to contact everyone! You'll find a contact list here.

Here you'll find a video walking through the parties' initial conversation with MLSA.

Please note: MLSA calculates financial qualification holistically and based on at least one party being at 200% over the poverty line or below. This makes more people eligible than the 125% or below standard mentioned in this video. 

If the parties are moving forward with our program, MLSA has each of them sign a referral agreement, different depending on if the case is court-ordered or self-referred. 

In court-ordered cases, MLSA also files one of two reports with the court: Referral in Progress or Unable to Refer.

You are welcome to take up to a certain number of hours on each case without permission (15 hours for mediators, and 5 for legal advisors and child support consultants), so more than one session is absolutely fine if you feel like you’re making progress. As soon as you believe you're going to go over your allotted number of hours on a case, let us know so we can give you approval. 

At the end of each month, include all your hours related to this case (including prep and documentation) on the attached invoice template. Please keep a running total of hours that you've spent on each case on your invoices. That will help us with some reporting we're trying to stay on top of.

Email your completed invoice to mediate@mtlsa.org and cc Katy Lovell and whooks@mtlsa.org. Invoices are due by the 5^th each month.

Access the current invoice template by clicking here.

This document provides some additional information on Avid, MLSA's payment processing system.  It gives you instructions on how to set up direct deposits - some people are opting for that now, but there may be service fees depending on your bank. (You will probably have to contact Avid directly to find out if they will impose any fees on you). It is fine if you still prefer to get checks - those are now issued through Avid, so watch out for them, because they look a bit different than the checks you may have received directly from MLSA in the past.

Mediator Case Checklist

HITS DV Screening Tool

Notice of Scheduled Mediation Template

Mediator's Report Template

Deadline Extension Request for Mediator

Template Order for Deadline Extension

Partial Agreement Template

Joint Dissolution with Children

Joint Parenting Plan

Agreed Amendment of Parenting Plan

Joint Dissolution without Children

Fee Waiver Form

Decree without Hearing Form (No Notarization)

Invoice Template

Some cases come to us when a judge or standing master orders parties to contact the Montana Family Transition Project to see if they qualify for our services. When the program is named in a court order, you are responsible for filing with the court (a notice of scheduled mediation and mediator's report) along with any documents signed and agreed to by the parties in the end.

Most MT District Courts from which we received ordered cases now use e-filing. This is NOT the same as emailing documents to the clerk of court, but rather a separate system for which you must create an account. Please visit the Judicial Branch website for the latest e-filing information and instructions. You will be filing as a case participant.

It is very helpful for the Clerks of District Court if you file each document separately and using the correct document type:

• Notice of Scheduled Mediation = Notice (subtype: Notice)
• Mediator's Report = Report to the Court (subtype: Report to the Court)
• Signed paperwork for the judge to approve = Proposed Document (subtype: Proposed Order)

All proposed parenting plans, dissolutions, and partial agreements must be signed by the parties. 

If you are unfamiliar with the e-filing process, please watch this instructional video.

This is a document-in-progress which tracks which counties accept e-filing and which don't, with notes about particular requirements.

IF YOU HAVE UPDATES ABOUT HOW A CERTAIN CLERK OF COURT HANDLES THEIR FILING PROCESSES OR IF YOUR FILINGS ARE REJECTED PLEASE EMAIL KATY.LOVELL@MT.GOV.

In this video, Megan Dishong discusses mediation's relationship to the rest of the typical family law court process. Here are her slides.

We consider cases self referred when parties

• have not yet taken any action in court (otherwise known as pre-filing)
• or have been ordered to mediation generally and choose to reach out to us for services.where parties have not taken any action in court yet.

In this video, Pam Poon will take you through some important financial considerations for family mediation while referencing the Joint Dissolution/Parenting Plan paperwork. 

00:00 - introduction
00:30 - compassion
3:32 - financial matters vs. parenting plan - when to talk about finances
4:33 - how to frame finances to parties
5:49 - beware of different pagination
6:48 - child support
7:25 - MP 510 (disclosure of income and expenses)
8:39 - MP 500 (proposed property distribution)
9:56 - debts and assets
11:38 - strategies for diving debts and assets
13:45 - real estate
17:57 - trailer: vehicle or real estate?
19:10 - cars
21:57 - businesses
23:34 - personal property of value
25:04 - sentimental items
27:12 - bank accounts
28:04 - life insurance
29:00 - retirement accounts
32:02 - savings and checking accounts
33:24 - tax refunds
33:53 - unpaid taxes and bills
35:04 - medical expenses
36:10 - student loans
37:35 - consumer debt (credit cards)
40:25 - bankruptcy
41:11 - strategies for caucusing
42:11 - loans/gifts from family
47:15 - refinancing the home
50:22 - roommates
50:41 - ongoing home expenses
51:50 - pin down current value of the home
52:52 - upside down homes
54:40 - nesting 
55:33 - spousal support
1:00:55 - horse trading and the mediator's role
1:02:10 - claiming children on taxes

Please watch this training on domestic violence and mediation, provided by Monique Voigt.

You must conduct a domestic violence screening with each party so that you can design a process with any power and control concerns in mind. 

This is an example, provided by Pam Poon, of how you might document that you have discussed a party's express wish to proceed with mediation even though mediation is NOT legally required in these cases. Confidentiality is paramount here - do NOT share this form with the court or the other party unless you have received permission from the party to do so. For a full discussion of this, see Megan Dishong's "Family Law Case Process and Mediation" video. 

You'll find the HITS tool below, along with a research paper about its efficacy. You may have the parties fill this out in writing or work it into your preparation conversation verbally. 

Please note that the answers to this survey should NOT be included in any paperwork you submit to the court or shared with the other party - it is for your information only and highly confidential.

Download the HITS screening here. [consider asking these questions in the past tense if that make more sense with the couple's current status] 

Download the background information about HITS here.

Protocol for Ending a Case Because of Domestic Violence Concerns

1. If it is a court-ordered case, run the language you will use in the report past the survivor before you file it. We want to make sure we leave the disclosure of DV up to the survivor and don't create a dangerous situation by surprising either party. For an example of a mediator's report used in this situation, click here.
2. Once the survivor approves of the language, inform the other party that you are closing the case because you determined it isn't suitable for mediation and share the report you are going to submit to the court. Do not disclose that it is because of domestic violence concerns - be vague and firm. The other party also has the option to speak to their advisor one last time, so remind them that this is available. 
3. E-File the report and share a copy with the professional team so that everyone knows the case is closed. In that email, let the legal advisors know that they may hear from their clients one more time, if they haven't talked already.  
4. Share these resources with the survivor:
   1. If they'd like, they can have one last conversation with their legal advisor through the program, to help them feel confident about their next steps now that mediation is not moving forward.
   2. They can apply to MLSA [mtoi.legalserver.org] for legal services outside of this program. They can write in the application that they decided not to mediate because of the DV background and talk about what specific things they would like help with.
   3. If they aren't already connected with a victim advocate, encourage them to reach out to their local office. This is a great place to start.

In a self-referred case, you need only inform the other party that you are closing the case because you determined it isn't suitable for mediation then proceed to step 4 of the list above.

Parenting Montana

a website that offers tools to address everyday parenting challenges using process that grows the skills our children need to be successful

Co-Parenting Communication Apps

• Our Family Wizard
• Onward
• Cozi
• AppClose

One of the things we are pleased to be able to provide as part of this program is free legal advice for both parties. MLSA contracts with a group of attorneys who give legal advice in preparation for and in support of mediation. While 45 minutes is the typical length of an advice session, parties do not have a time limit for speaking with their assigned attorney, and they will never be charged for anything related to this program, including attorney advice.

While these attorneys cannot offer endless advice, it is perfectly fine for a party to speak to their assigned legal advisor more than once throughout the life of a case. For example, they could talk to an attorney a) at the beginning of the process to help prepare for mediation and clarify what they’re asking for, b) after an unexpected issue comes up in mediation, and/or c) to review the agreement and answer questions before signing. Our goal is to give them the legal confidence that they're making the best agreement possible. 

The opportunity to get advice will not follow the parties back into court. However, in the event that they don't reach agreement through mediation, they are welcome to have one last conversation with their legal advisors. Our hope is that they can feel confident about what their next step with the court will look like, and that they won’t feel like they’re exiting our program into an abyss.

This is a handout for parties about the role of legal advisors within FTP.

Please note that FTP attorneys may not attend mediation with their client. However, mediators will always make it known to parties that they may request a second session so they they have time to discuss any legal questions with their advisor.

Use this checklist as a guide for completing all the steps in a case.

In self-referred cases, there may be times where you need to help your client file a mediation deadline extension request with the court. These templates will help with that. 

Please note that in the event of an unsuccessful mediation, each party is entitled, if they choose, to one final conversation with their legal advisor so they can get advice about next steps as they re-enter the court process. We don't want anyone to leave FTP feeling unmoored.

Please watch this video on providing advice to clients in preparation for mediation, provided by Diana Garrett. You'll find the slides here. 

Here are some topics to consider covering with your FTP clients: 

• A separate engagement letter (in addition to the referral agreement each party signs for MLSA) are not required, but may be something to consider for maximum liability protection. Either way, it's good to have a conversation with your client about what your limited scope role will look like during the program.
• If there is no agreement in mediation, how long will it take in their jurisdiction to get a hearing?
• Judges sometimes render decisions that neither side wants.
• What can be done if their client doesn't like what the judge decides
• Explore the client's "walk away" or "bottom line" position
• If possible, help client rank their concerns in order of importance
• If the parties come to an interim agreement, what would happen next
• When and how can parties change a final parenting plan

And finally, some wisdom from a current FTP legal advisor (thanks, Everett!):

"I always make that clear to my clients that this isn't a one off call, I can provide you up to 5 hours of services, and explain what those services might include. Participants are usually relieved by that and it takes the pressure off our initial call when they no longer feel they need to remember every single question or share every single detail with me during our first time speaking. 

I usually also ask participants to sit down and try to be as creative as possible with making bullet point lists of what they absolutely need to get out of mediation, what would be nice but they could do without, and what they may be willing to offer up to bargain with to get their needs met. I sometimes offer to help them prepare a settlement statement for mediation if I or the person identify that a statement would help them."

Our goal is to have parties work directly with each other during mediation wherever possible. When we first opened up the program to cases where one party was privately represented, we initially did so only in cases where the private attorney agreed not to be present in mediation. We decided to change that policy in order to provide the best access to justice, as we saw many privately represented parties withdraw from the program completely under these conditions, leaving the other party without any resources at all.

Therefore, private attorneys may attend mediation with their client. Here is the text of the email we send whenever a private attorney is connect with an FTP case:

Dear Attorney,

I’m writing to confirm that [party name] has qualified to participate in the Montana Family Transition Project, which offers free mediation and a child support calculation to people seeking a divorce or parenting plan in Montana.

One important element of this program is that both parties have access to legal advice so they can ask questions and prepare for the mediation process. Legal advice is available for free (we have a pool of attorneys who have contracted with MLSA to provide that service), or a party may choose to work with a private attorney instead. Either way, our standard practice is to use pro se model of mediation, meaning that only the two parties are present during mediation. Each party is always welcome to ask for mediation to be paused or for a second session to be scheduled so that they can consult with their legal advisor.

I’ve attached more information about the program below – just let me know if you have any questions. Please respond at your earliest convenience with confirmation that you are working with [party name] and would like to move forward with the program. We look forward to working with you and your client!

Best,

Lukas

Child support is often an elephant in the room as parties discuss what the next stage of their lives will look like. Parties in our program are automatically assigned an expert in Montana child support (aka a child support consultant) to help them understand how the child support guidelines relate to their situation.

If needed, child support consultants are able to provide a free calculation that will help parties understand what their obligation looks like according to the state. In fact, CS consultants often perform more than one calculation so that the parties can see how the number might shift based on parenting time.

Our hope is that the parties can use the knowledge gained about the child support system and the calculations to either 1) make their own reasonable agreement about how to approach child support and present it to the judge in their proposed order or 2) speed up the CSSD process if they decide to go through the Division.

Natalie Shoemaker and Temple McLean, two of our child support consultants, created this overview video of child support in Montana.

Temple also created this video to give you a sense of her FTP process and how the calculations are performed. 

Training on New Family Forms

Please note that these forms are not yet ready to use. When they are fully launched, they will be available at  https://courts.mt.gov/Forms/  and Katy Lovell will send out an announcement.

Zoom Settings for Mediators

  ways to set yourself up for success when mediating online

A Selection from 1001 Solution Focused Questions

a resource for helping parties think about how to move forward positively and productively

Trauma-Informed Communication

with Eric Parsons, Outreach and Education Coordinator, The Friendship Center

Mediation 101

with Emma Schmelzer

Montana District Courts

with Barb Harris, Law Clerk for Judge Seeley and former MLSA attorney

Suicide Prevention

with Karl Rosston, Suicide Prevention Coordinator, Montana DPHHS

Child and Family Services

with Shaunda Hall, Field Training Supervisor, Child and Family Services

Housing 201

with  Amy Hall from Montana Legal Services Association

Human Trafficking, Part 1

with Jamie Rogers, Victim Services Bureau Chief, Victim Services Bureau

Human Trafficking, Part 2

with Jamie Rogers, and Jessica Donahue, survivor of human trafficking

This is a very thorough website created by MLSA to help unrepresented people navigate Montana's family courts. Might be good to give it a read if you ever want to brush up on the basics of family law.

https://www.montanalawhelp.org/resource/ultimate-diy-guide-divorce-and-custody-montana

The Justice for Americans AmeriCorps Team updates these resource guides every two years. You can click on the county name below to download the most recent guides (current as of February 2024). Feel free to share if your mediation parties are in need of other services, and let me know if you are aware of resources that aren't listed!

1st Judicial District

Broadwater County

Lewis and Clark County

2nd Judicial District

Silver Bow County

3rd Judicial District

Deer Lodge County

Granite County

Powell County

4th Judicial District

Mineral County

Missoula County

5th Judicial District

Beaverhead County

Jefferson County

Madison County

6th Judicial District 

Park County

Sweetgrass County

7th Judicial District

Dawson County

McCone County

Prairie County

Richland County

Wibaux County

8th Judicial District

Cascade County

9th Judicial District

Glacier County

Pondera County

Teton County

Toole County

10th Judicial District

Fergus County

Judith Basin County

Petroleum County

11th Judicial District

Flathead County

12th Judicial District

Chouteau County

Hill County

Liberty County

13th Judicial District

Yellowstone County

14th Judicial District

Golden Valley County

Meagher County

Musselshell County

Wheatland County

15th Judicial District

Daniels County

Roosevelt County

Sheridan County

16th Judicial District

Carter County

Custer County

Fallon County

Garfield County

Powder River County

Rosebud County

Treasure County

17th Judicial District

Blaine County

Phillips County

Valley County

18th Judicial District

Gallatin County

19th Judicial District

Lincoln County

20th Judicial District

Lake County

Sanders County

21st Judicial District

Ravalli County

22nd Judicial District

Big Horn County

Carbon County

Stillwater County

We can't let you go without some words of thanks from Justice Baker.

And finally, listen to FTP's unofficial anthem: accentuate the positive (family mediation version)!