Wisconsin Statutes

Wis. Stat. § 788.04 (2026)

Arbitrators, how chosen

✓ current as of July 2026

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788.04788.04 Arbitrators, how chosen.

788.04(1)(1) If, in the agreement, provision is made for a method of naming or appointing an arbitrator or arbitrators or an umpire that method shall be followed. If no method is provided in the agreement, or if a method is provided and any party thereto fails to make use of the method, or if for any other reason there is a lapse in the naming of an arbitrator or arbitrators or an umpire, or in filling a vacancy, then upon the application of either party to the controversy, the court specified in s. 788.02 or the circuit court for the county in which the arbitration is to be held shall designate and appoint an arbitrator, arbitrators or umpire, as the case or sub. (2) may require, who shall act under the agreement with the same force and effect as if specifically named in the agreement; and, except as provided in sub. (2) or unless otherwise provided in the agreement, the arbitration shall be by a single arbitrator.

788.04(2)(2) A panel of arbitrators, consisting of 3 persons shall be appointed to arbitrate actions to recover damages for injuries to the person arising from any treatment or operation performed by or any omission by any person who is required to be licensed, registered or certified to treat the sick as defined in s. 448.01 (10).

788.04(2)(a)(a) One arbitrator shall be appointed by the court from a list of attorneys with trial experience. The list shall be prepared and periodically revised by the State Bar of Wisconsin.

788.04(2)(b)(b) One arbitrator shall be appointed by the court from lists of health professionals prepared and periodically revised by the appropriate statewide organizations of health professionals. The lists shall designate the specialty, if any, of each health professional listed. The organizations of health professionals shall assist the court to determine the appropriate specialty of the arbitrator for each action to be arbitrated.

788.04(2)(c)(c) One arbitrator who is not an attorney or a health professional shall be appointed by the court.

788.04(2)(d)(d) Any person appointed to the arbitration panel may disqualify himself or herself or be disqualified by the court if any reason exists which requires disqualification. A substitute member of the arbitration panel shall be chosen in the same manner as the person disqualified was chosen.

788.04(2)(e)(e) No member of the panel may participate in any subsequent court proceeding on the action arbitrated as either a counsel or a witness unless the court deems the member’s testimony necessary for hearings under s. 788.10 or 788.11.

788.04 HistoryHistory: 1975 c. 43, 199; 1977 c. 26 s. 75; 1977 c. 418 s. 929 (41); 1977 c. 449; 1979 c. 32 ss. 64, 92 (15); Stats. 1979 s. 788.04; 2001 a. 103.

Notes of Decisions

Cited in 6 cases, 1993–2014 · leading case: In Re Marriage of Franke v. Franke, 2004 WI 8 (Wis. 2004).

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In Re Marriage of Franke v. Franke, 2004 WI 8 (Wis. 2004). · cites it 4× “[8] Wis. Stat. § 788.04 . [9] Wis. Stat. §§ 788.”

Riley v. Extendicare Health Facilities, Inc., 2013 WI App 9 (Wis. Ct. App. 2012). · cites it 7× “*815 Wis. Stat. § 788.04 (1). In other words, under § 788.”

Madison Teachers, Inc. v. Wisconsin Educ. Ass'n Council, 2005 WI App 180 (Wis. Ct. App. 2005). · cites it 5× “If no agreement can be reached, then the trial court is directed to appoint an arbitrator pursuant to Wis. Stat. § 788.04 (1). 10 By the Court.”

Employers Ins. of Wausau v. Jackson, 505 N.W.2d 147 (Wis. Ct. App. 1993). · cites it 15× “We conclude that the circuit court had statutory authority under both USAA § 5 and sec. 788.04, Stats., to rule on Wausau's claims.”

First Weber Grp., Inc. v. Synergy Real Est. Grp., LLC, 2014 WI App 41 (Wis. Ct. App. 2014). · cites it 3× “, 11 should be read narrowly to mean that a circuit court may only address the issues of whether an arbitration agreement exists between the parties and whether a party has refused or neglected to proceed with arbitration.”

In Matter of Arbitration Between Employers Ins. of Wausau v. Jackson, 505 N.W.2d 147 (Wis. Ct. App. 1993). · cites it 15× “We conclude that the circuit court had statutory authority under both USAA § 5 and sec. 788.04, Stats., to rule on Wausau's claims.”

— Wis. Stat. § 788.04(1) — 3 cases

Madison Teachers, Inc. v. Wisconsin Educ. Ass'n Council, 2005 WI App 180 (Wis. Ct. App. 2005). “If no agreement can be reached, then the trial court is directed to appoint an arbitrator pursuant to Wis. Stat. § 788.04 (1). 10 By the Court.”

Employers Ins. of Wausau v. Jackson, 505 N.W.2d 147 (Wis. Ct. App. 1993). “We conclude that the circuit court had statutory authority under both USAA § 5 and sec. 788.04, Stats., to rule on Wausau's claims.”

In Matter of Arbitration Between Employers Ins. of Wausau v. Jackson, 505 N.W.2d 147 (Wis. Ct. App. 1993). “We conclude that the circuit court had statutory authority under both USAA § 5 and sec. 788.04, Stats., to rule on Wausau's claims.”

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