Medical Malpractice

According to DC law (the Medical Malpractice Proceedings Act of 2006), all named parties are required to participate in mediation in medical malpractice cases. The law has strict timetables for when mediation must occur.

D.C. Code§ 16-2821, which is part of the Medical Malpractice Proceedings Act of 2006, provides, "[a]fter action is filed in the court against a healthcare provider alleging medical malpractice, the court shall require the parties to enter into mediation, without discovery or, if all parties agree[,] with only limited discovery that will not interfere with the completion of mediation within 30 days of the Initial Scheduling and Settlement Conference ('ISSC"'), prior to any further litigation in an effort to reach a settlement agreement. The early mediation schedule shall be included in the Scheduling Order following the ISSC. Unless all parties agree, the stay of discovery shall not be more than 30 days after the ISSC."

Step 1: Scheduling Mediation

Once your case has been filed you will schedule a mediation date no more than 30 days after the initial scheduling conference.

To facilitate this process, all counsel and pro se parties in every medical malpractice case are required to confer, jointly complete and sign an EARLY MEDIATION FORM, which must be filed no later than ten (10) calendar days prior to the ISSC.

Step 2: Hiring a Mediator

Once a date has been scheduled the parties may select a Multi-Door Dispute Resolution Division roster mediator from the profile list below at no charge. If parties cannot agree, then the court shall assign one based on their preferences.

A roster of medical malpractice mediators available through the Court's Multi-Door Dispute Resolution Division, with biographical information about each mediator, can be found at www.dccourts.gov/medmalmediation/mediatorprofiles. All individuals on the roster are judges or lawyers with at least 10 years of significant experience in medical malpractice litigation. D.C. Code§ 16-2823(a). If the parties cannot agree on a mediator, the Court will appoint one. D.C. Code§ 16- 2823(b).

Alternatively, if all parties agree they may hire a non-roster mediator.

In the alternative, all parties can agree to hire another individual outside the roster. To be eligible for inclusion in the roster of medical malpractice mediators, an individual shall be a judge or lawyer with at least 10 years of significant experience in medical malpractice litigation.

It is the responsibility of the parties to contact the confirmed mediator and coordinate session logistics. Multi-Door does not provide case management services for early medical malpractice mediation sessions. We only maintain an eligible mediator roster by statute at no cost to parties.

Step 3: Reporting the Session Outcome

Regardless of the result of the case, the mediator must complete a report to the court following the mediation session. The attorney who represents the plaintiff (the person who filed the suit) submits the report. The mediator will make clear the next steps in the case if no settlement is reached during mediation.

No later than ten (10) days after the early mediation session has terminated, Plaintiff must eFile with the Court a report prepared by the mediator, including a private mediator, regarding: (1) attendance; (2) whether a settlement was reached; or, (3) if a settlement was not reached, any agreements to narrow the scope of the dispute, limit discovery, facilitate future settlement, hold another mediation session, or otherwise reduce the cost and time of trial preparation. D.C. Code§ 16-2826. Any Plaintiff who is unrepresented may mail the form to the Civil Actions Branch at [address] or deliver it in person if the Branch is open for in-person visits. The forms to be used for early mediation reports are available at www.dccourts.gov/medmalmediation.

Multi-Door Mediator Roster for Early Medical Malpractice
Here are the qualifications the Court requires of its medical malpractice mediators, and a list of the mediators and their background.