Wis. Stat. » CHAPTER 655 — HEALTH CARE LIABILITY AND INJURED PATIENTS AND FAMILIES COMPENSATION
Wisconsin Statutes

Wis. Stat. § 655.445 (2026)

Request for mediation in conjunction with court action

✓ current as of July 2026
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655.445655.445 Request for mediation in conjunction with court action.
655.445(1)(1) Commencing action, request and fee. Beginning September 1, 1986, any person listed in s. 655.007 having a claim or a derivative claim under this chapter for bodily injury or death because of a tort or breach of contract based on professional services rendered or that should have been rendered by a health care provider shall, within 15 days after the date of filing an action in court, file a request for mediation. The request shall be prepared and delivered in person or sent by registered mail to the director of state courts, in the form and manner required under s. 655.44 (2) and (3), together with a notice that a court action has been commenced and the fee under s. 655.54 shall be paid.
655.445(2)(2) Scheduling. All time periods under s. 802.10 (3) are tolled on the date of filing the court action. The time periods remain tolled until the expiration of the mediation period under s. 655.465 (7).
655.445(3)(3) No court proceedings before mediation. For actions filed under sub. (1), no discovery may be made and no trial, pretrial conference or scheduling conference may be held until the expiration of the mediation period under s. 655.465 (7).
655.445 HistoryHistory: 1985 a. 340; 1989 a. 187 s. 28; Sup. Ct. Order No. 95-04, 191 Wis. 2d xxi (1995).
655.445 AnnotationThe 15-day time limit for filing a request for mediation after commencement of court action is directory rather than mandatory. Eby v. Kozarek, 153 Wis. 2d 75, 450 N.W.2d 249 (1990).
655.445 AnnotationMailing is not the equivalent of filing. Mailing is to send postal matter. Filing entails delivery to the intended recipient. Hoffman v. Rankin, 2002 WI App 189, 256 Wis. 2d 678, 649 N.W.2d 350, 01-3202.
655.445 AnnotationNothing in the language of either this section or s. 655.44 precluded the application of s. 655.44 to a mediation request filed under this section when an action was filed but became a nullity due to failure to complete service. Young v. Aurora Medical Center of Washington County, Inc., 2004 WI App 71, 272 Wis. 2d 300, 679 N.W.2d 549, 03-0224.
Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1988–2021 · leading case: Landis v. Physicians Ins. Co. of Wisconsin, Inc., 2001 WI 86 (Wis. 2001).
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Landis v. Physicians Ins. Co. of Wisconsin, Inc., 2001 WI 86 (Wis. 2001). · cites it 84× “[5] A parallel provision, Wis. Stat. § 655.445 , allows a plaintiff to file a request for mediation after filing an action in circuit court.”
Ocasio v. Froedtert Mem'l Lutheran Hosp., 2002 WI 89 (Wis. 2002). · cites it 18× “44's companion statute, Wis. Stat. § 655.445 , that a claimant file a request for mediation within 15 days of filing an action.”
Eby v. Kozarek, 450 N.W.2d 249 (Wis. 1990). · cites it 8× “Thus, the failure to file the request for mediation within 15 days did not require dismissal.”
Hoffman v. Rankin, 2002 WI App 189 (Wis. Ct. App. 2002). · cites it 19× “1 The sole issue involves the interpretation of Wis. Stat. § 655.445 . 2 Specifically, we must decide whether "mailing" is the equivalent of "filing" within the meaning of the statute.”
Ocasio v. Froedtert Mem'l Lutheran Hosp., 2001 WI App 264 (Wis. Ct. App. 2001). · cites it 6× “The Eby court dealt exclusively with the latter option under Wis. Stat. § 655.445 (1). Here, Ocasio chose to file the request for mediation before filing a lawsuit.”
Schulz v. Nienhuis, 448 N.W.2d 655 (Wis. 1989). · cites it 7× “On November 11,1987, eight days after the filing of the action, the plaintiffs attorney sent a request for mediation through regular (not registered) mail to the director of the medical mediation panels pursuant to sec. 655.445(1), Stats. 1987-88. This request was timely and is…”
Heritage Farms, Inc. v. Markel Ins., 2012 WI 26 (Wis. 2012). · cites it 2× “2d 249 (1990) (interpreting Wis. Stat. § 655.445 (1) (1987-88), which provided that a claimant under chapter 655 (1987-88) *146 "shall, within 15 days after the date of filing an action in court, file a request for mediation"); Miller v.”
Bertorello v. St. Joseph's Hosp. of Marshfield, Inc., 685 F. Supp. 192 (W.D. Wis. 1988). · cites it 11× ““The director may change the date, time or place of the mediation session as necessary to accommodate the parties, subject to the requirement that the mediation session be held before the expiration of the mediation period.”
Seaquist v. Physicians Ins. Co. of Wisconsin, 531 N.W.2d 437 (Wis. Ct. App. 1995). · cites it 8× “Section 655.445(2) and (3). The alternative, selected by Seaquist, is to file a request for mediation before filing a court action.”
McEvoy Ex Rel. Finn v. Grp. Health Coop. of Eau Claire, 570 N.W.2d 397 (Wis. 1997). · cites it 2× “Because the plaintiffs admittedly failed to comply with the mediation requirements of § 655.445, 9 a grant of summary judgment for the defendant would be appropriate.”
Young v. Aurora Med. Ctr. of Washington Cnty., Inc., 2004 WI App 71 (Wis. Ct. App. 2004). · cites it 19× “44, notwithstanding the fact that they initially requested mediation under Wis. Stat. § 655.445 after filing a previous court action.”
Currier v. Wisconsin Dep't of Revenue, 2006 WI App 12 (Wis. Ct. App. 2005). · cites it 2× “We have also held that filing for purposes of Wis. Stat. § 655.445 , a statute permitting medical malpractice patients to request mediation within fifteen days of filing a court action, means delivery of the request to the proper officer for keeping on file or among records of…”
Show all 21 citing cases →
— Wis. Stat. § 655.445(1) — 11 cases
Eby v. Kozarek, 450 N.W.2d 249 (Wis. 1990). “Thus, the failure to file the request for mediation within 15 days did not require dismissal.”
Landis v. Physicians Ins. Co. of Wisconsin, Inc., 2001 WI 86 (Wis. 2001). “[5] A parallel provision, Wis. Stat. § 655.445 , allows a plaintiff to file a request for mediation after filing an action in circuit court.”
Ocasio v. Froedtert Mem'l Lutheran Hosp., 2001 WI App 264 (Wis. Ct. App. 2001). “The Eby court dealt exclusively with the latter option under Wis. Stat. § 655.445 (1). Here, Ocasio chose to file the request for mediation before filing a lawsuit.”
Schulz v. Nienhuis, 448 N.W.2d 655 (Wis. 1989). “On November 11,1987, eight days after the filing of the action, the plaintiffs attorney sent a request for mediation through regular (not registered) mail to the director of the medical mediation panels pursuant to sec. 655.445(1), Stats. 1987-88. This request was timely and is…”
Geisel v. Odulio, 807 F. Supp. 500 (W.D. Wis. 1992).
— Wis. Stat. § 655.445(2) — 5 cases
Seaquist v. Physicians Ins. Co. of Wisconsin, 531 N.W.2d 437 (Wis. Ct. App. 1995). “Section 655.445(2) and (3). The alternative, selected by Seaquist, is to file a request for mediation before filing a court action.”
Schulz v. Nienhuis, 448 N.W.2d 655 (Wis. 1989). “On November 11,1987, eight days after the filing of the action, the plaintiffs attorney sent a request for mediation through regular (not registered) mail to the director of the medical mediation panels pursuant to sec. 655.445(1), Stats. 1987-88. This request was timely and is…”
Bertorello v. St. Joseph's Hosp. of Marshfield, Inc., 685 F. Supp. 192 (W.D. Wis. 1988). ““The director may change the date, time or place of the mediation session as necessary to accommodate the parties, subject to the requirement that the mediation session be held before the expiration of the mediation period.”
Young v. Aurora Med. Ctr. of Washington Cnty., Inc., 2004 WI App 71 (Wis. Ct. App. 2004). “44, notwithstanding the fact that they initially requested mediation under Wis. Stat. § 655.445 after filing a previous court action.”
Young v. Aurora Med. Ctr. of Washington Cnty., 2004 WI App 71 (Wis. Ct. App. 2004).
— Wis. Stat. § 655.445(3) — 8 cases
Landis v. Physicians Ins. Co. of Wisconsin, Inc., 2001 WI 86 (Wis. 2001). “[5] A parallel provision, Wis. Stat. § 655.445 , allows a plaintiff to file a request for mediation after filing an action in circuit court.”
Ocasio v. Froedtert Mem'l Lutheran Hosp., 2002 WI 89 (Wis. 2002). “44's companion statute, Wis. Stat. § 655.445 , that a claimant file a request for mediation within 15 days of filing an action.”
Seaquist v. Physicians Ins. Co. of Wisconsin, 531 N.W.2d 437 (Wis. Ct. App. 1995). “Section 655.445(2) and (3). The alternative, selected by Seaquist, is to file a request for mediation before filing a court action.”
Schulz v. Nienhuis, 448 N.W.2d 655 (Wis. 1989). “On November 11,1987, eight days after the filing of the action, the plaintiffs attorney sent a request for mediation through regular (not registered) mail to the director of the medical mediation panels pursuant to sec. 655.445(1), Stats. 1987-88. This request was timely and is…”
Eby v. Kozarek, 450 N.W.2d 249 (Wis. 1990). “Thus, the failure to file the request for mediation within 15 days did not require dismissal.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.