Proposed Rules ArchivesCR 53.4 - Procedures for Mandatory Mediation of Health Care Claims
Suggested Amendment to Civil Rule (CR) 53.4
concerning Procedures for Mandatory Mediation of Health Care Claims
Submitted by the Board of Governors of the Washington State Bar Association
Purpose: The suggested addition of new subsection (f)(9) is intended to comply with the legislative requirement that the Supreme Court adopt court rules implementing mandatory mediation of health care claims. See RCW 7.70.100. CR 53.4, adopted effective March 11, 1997, was enacted to implement this legislation. In the 2006 session, as part of the Medical Malpractice, Patient Safety, and Health Care Liability Reform Act, the legislature amended the statute to require that the implementing court rule include “procedures for the parties to certify to the court the manner of mediation used by the parties . . . .” 2006 Wash. Sess. Laws ch. 8, § 314 (effective June 7, 2006, to be codified at RCW 7.70.100(7)).
The language of the new subsection recognizes that, pursuant to CR 53.4(d), “the mediator may determine that the claim is not appropriate for mediation.” A 10-day deadline is appropriate because CR 53.4(c) allows a mediation to take place as late as 30 days before trial; hence, the superior court should receive prompt notice of the result of the mediation as far in advance of the trial as is reasonably possible.
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