Wisconsin Statutes
Wis. Stat. § 655.58 (2026)
Mediation procedure
✓ current as of July 2026
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655.58(1)(1) No record. Mediation shall be conducted without a stenographic record or any other transcript.
655.58(2)(2) No exams, subpoenas, oaths. No physical examinations or production of records may be ordered, no witnesses may be subpoenaed and no oaths may be administered in mediation, whether by a mediation panel or member thereof or as a result of application to a court by any person.
655.58(3)(a)(a) Except as provided in par. (b), no expert witnesses, opinions or reports may be submitted or otherwise used in mediation.
655.58(3)(b)(b) The mediation panel or any member thereof may consult with any expert, and upon authorization of the director of state courts may compensate the expert from the appropriation under s. 20.680 (2) (qm).
655.58(4)(4) Patient records confidential except to parties. All patient health care records in the possession of a mediation panel shall be kept confidential by all members of the mediation panel and all other persons participating in mediation. Every person participating in mediation shall make available to one another and all members of the mediation panel all patient health care records of the patient named in the request for mediation that are in the person’s possession.
655.58(5)(5) Counsel permitted. Any person participating in mediation may be represented by counsel authorized to act for his or her respective client.
Notes of Decisions
Cited in 2
cases, 1988–1989 · leading case: Schulz v. Nienhuis, 448 N.W.2d 655 (Wis. 1989).
Schulz v. Nienhuis, 448 N.W.2d 655 (Wis. 1989). “" 6 The statute does provide that there is to be no record of the mediation proceedings; no physical examinations or production of records may be ordered during the mediation session; no witnesses may be subpoenaed and no oaths may be administered during the mediation session;…”
Bertorello v. St. Joseph's Hosp. of Marshfield, Inc., 685 F. Supp. 192 (W.D. Wis. 1988). “Wis.Stat. § 655.58. The statutes are conspicuously silent about the consequences that attach to the failure of the claimant to file a request for mediation or to the failure of the parties to participate in the mediation process.”
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