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In re Adoption of New 53.4

November 15, 1996

IN THE MATTER OF THE ADOPTION OF NEW CR 53.4


ORDER

The Washington State Bar Association's Alternative Dispute Resolution Section having redrafted proposed new CR 53.4, and the Court having approved the proposed amendment for publication;

Now, therefore, it is hereby

ORDERED:

(a) That pursuant to the provisions of GR 9(f), the proposed amendment as attached hereto is to be published for comment expeditiously in the Washington Reports.

(b) The purpose statement as required by GR 9(d), is published solely for the information of the Bench, Bar and other interested parties.

(c) Comments are to be submitted to the Clerk of the Supreme Court, P.O. Box 40929, Olympia, Washington 98504-0929, no later than December 19, 1996.

DATED at Olympia, Washington this 15th day of November, 1996.

CR 53.4

PROCEDURES FOR MANDATORY MEDIATION OF HEALTH CARE CLAIMS

[proposed new rule]

(a) Scope of Rule. This rule governs the procedure in the superior court in all claims subject to mandatory mediation under RCW 7.70.100 and .110.

(b) Voluntary Mediation. The parties may establish a procedure for mediation that differs from this rule provided the procedure and the selection of the mediator are agreed to in writing and signed by all parties.

(c) Deadlines. Except as otherwise ordered by the court for good cause shown, mediation under RCW 7.70.100 shall be commenced no later than 30 days before the trial date. Mediation under RCW 7.70l.110 shall be commenced no later than 90 days after the selection of the mediator.

(d) Waiver of Mediation. Upon petition of any party that mediation is not appropriate, the court may order or the mediator may determine that the ...


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