Section 655.445. Request for mediation in conjunction with court action.

 

(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.

(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) .

(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) .

1985 a. 340 ; 1989 a. 187 s. 28 ; Sup. Ct. Order No. 95-04 , 191 Wis. 2d xxi (1995). The 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). Mailing 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 . Nothing in the language of either s. 655.44 or 655.445 precluded the application of s. 655.44 to a mediation request filed under s. 655.445 when an action was filed but became a nullity due to failure to complete service. Young v. Aurora Medical Center, 2004 WI App 71 , 272 Wis. 2d 300 , 679 N.W.2d 549 , 03-0224 .