2010 Wisconsin Code
Chapter 655. Health care liability and injured patients and families compensation.
655.58 Mediation procedure.


655.58 Mediation procedure.


(1) No record. Mediation shall be conducted without a stenographic record or any other transcript.


(2) No exams, subpoenas, oaths. No physical examinations or production of records may be ordered, no witnesses may be subpoenaed and no oaths may be administered in mediation, whether by a mediation panel or member thereof or as a result of application to a court by any person.


(3) No expert witnesses; panel consultants permitted.


(a) Except as provided in par. (b), no expert witnesses, opinions or reports may be submitted or otherwise used in mediation.


(b) The mediation panel or any member thereof may consult with any expert, and upon authorization of the director of state courts may compensate the expert from the appropriation under s. 20.680 (2) (qm).


(4) Patient records confidential except to parties. All patient health care records in the possession of a mediation panel shall be kept confidential by all members of the mediation panel and all other persons participating in mediation. Every person participating in mediation shall make available to one another and all members of the mediation panel all patient health care records of the patient named in the request for mediation that are in the person's possession.


(5) Counsel permitted. Any person participating in mediation may be represented by counsel authorized to act for his or her respective client.

655.58 - ANNOT.

History: 1985 a. 340; 1989 a. 187 s. 28.

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