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Wis. Stat. § 655.445

Request for mediation in conjunction with court action

Applied in 11 court decisions — leading case 213 Wis. 2d 507 - McEvoy Ex Rel. Finn v. Group Health Cooperative of Eau Claire (1997)

Most recently applied in 381 Wis. 2d 124 - Office of Lawyer Regulation v. Fulkerson (In Re Disciplinary Proceedings Against Holly Lynn Fulkerson) (April 2018)

1985 a. 340; 1989 a. 187 s. 28; Sup

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) COMMENCING ACTION, REQUEST AND FEE. Beginning September 1, 1986, any person listed in s. 655.007 having a claim or a derivative claim under this chapter for bodily injury or death because of a tort or breach of contract based on professional services rendered or that should have been rendered by a health care provider shall, within 15 days after the date of filing an action in court, file a request for mediation. The request shall be prepared and delivered in person or sent by registered mail to the director of state courts, in the form and manner re- 12655.445 HEALTH CARE LIABILITY AND COMPENSATION quired under s. 655.44 (2) and (3), together with a notice that a court action has been commenced and the fee under s. 655.54 shall be paid.

(2) SCHEDULING. All time periods under s. 802.10 (3) are tolled on the date of filing the court action. The time periods remain tolled until the expiration of the mediation period under s. 655.465 (7).

(3) NO COURT PROCEEDINGS BEFORE MEDIATION. For actions filed under sub. (1), no discovery may be made and no trial, pretrial conference or scheduling conference may be held until the expiration of the mediation period under s. 655.465 (7).

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.