Medical Malpractice Mediation
In DC, the Medical Malpractice Proceedings Act of 2006 requires that all parties in a medical malpractice case participate in mediation before going to trial. Here’s a simple breakdown of the steps
Here's What to Do
Step 1. Scheduling Mediation
- File the case in court.
- Schedule mediation within 30 days of the Initial Scheduling and Settlement Conference (ISSC).
- Complete the Early Mediation Form:
- To ask the court to provide mediation or tell the court you are hiring a private mediator
- This form must be signed by all parties and their lawyers if they have one
- The form must be filed at least 10 days before the ISSC.
Note. The person filing the case, or their lawyer, is responsible for submitting the Early Mediation Form.
Step 2. Choosing a Mediator
- Select a mediator
- If asking the court to provide mediation
- Select from the Multi-Door Dispute Resolution Division’s list.
- If the parties cannot agree, the court will assign a mediator based on the preferences provided.
- If asking the court to provide mediation
- Coordinate session logistics:
- The parties are responsible for contacting the mediator to set up the mediation session.
- The Multi-Door Division only provides the list of mediators, not case management.
- Court-scheduled mediations are on Tuesdays, Wednesdays, and Thursdays at 1:00 p.m.
Step 3. Reporting the Outcome of Mediation
- Mediator prepares a report:
- The person who filed the case or their lawyer submits the report to the court within 10 days of the mediation session.
- The report includes:
- Whether a settlement was reached.
- If no settlement, any agreements made to narrow the issues, limit discovery, schedule another mediation, or move forward with trial preparation.
Common questions
- All parties named in the lawsuit
- Lawyers for the parties, if they have one
- A corporate representative with settlement authority for cases involving a company
- Insurance adjusters
- If a settlement is reached, the case may end, and the parties will follow the settlement terms.
- If no settlement is reached, the mediator’s report will guide the court on what steps to take next, including scheduling another mediation or preparing for trial.