§53.4.5 Purpose and Procedure

• Jurisdiction: Washington

§53.4.5 PURPOSE AND PROCEDURE

The purpose of CR 53.4 is to decrease the societal cost of medical malpractice litigation by requiring parties to attend aformal alternative dispute resolution session prior to trial. The rule prescribes detailed mediation procedures, but permits the parties to agree in a signed writing to different procedures. CR 53.4(b). The parties cannot, however, opt out of mediation absent permission of the court or mediator. Permission is obtained by submitting a petition to the court or mediator establishing that the case is not appropriate for mediation. CR 53.4(d).

Unless the court finds good cause for delay, the required mediation must occur within 90 days of selecting a mediator and no later than 30 days before trial. CR 53.4(c).

The mediator is either selected by written agreement of the parties or, upon the request of one of the parties, designated by the court from a register of volunteer mediators. CR 53.4(e). To qualify for the register, mediators must be attorneys in good standing, who have been members of the WSBA for at least five years and have experience or expertise in litigating medical malpractice cases, or who are retired judges with experience or expertise...