Mediation in Medical Malpractice Cases

According to DC law (the Medical Malpractice Proceedings Act of 2006, all named parties are required to participate in mediation in medical malpractice cases. The law has strict timetables for when mediation must occur.

How do I…

Comply with the laws around medical malpractice cases in Washington DC?

In order to comply with the law, the court requires one of the following:
1. Request mediation through the Multi-Door Dispute Resolution Division. The instructions are on the form.
2. Submit notice to the court that you intend to hire and pay for your own mediator.

The person filing the case, or their attorney if they have one, is responsible for filing a mediation request or submitting the notice that they are going to hire their own mediator.

Know the next steps in my case?

When the case is filed, the court gives parties notice of a scheduling conference date. The request for mediation or notice of private mediator must be filed no later than 10 days before the scheduling conference date.

Make my preference known with regard to a court supplied or a private mediator?

Counsel must eFile the form and email a copy to the Multi-Door Dispute Resolution Division at earlymedmal [at] dcsc.gov.
People who filed suit but do not have an attorney representing them may submit the form by email, mail or in person, as described on the form.

Select a court provided mediator?

If parties opt to use a court mediator, appointments are scheduled for Tuesdays, Wednesdays and Thursdays at 1:00 p.m.

Here are the qualifications the Court requires of its medical malpractice mediators, and a list of the mediators and their background.
Multi-Door Mediator Profiles

Determine if my presence is required at the mediation?

The following parties are required at all medical malpractice mediation sessions:
All parties named in the case (everyone involved in the case) and their attorneys, for those who have attorneys representing them,
In cases in which a company is being sued, it must send a corporate representative with settlement authority, and 
Insurance adjusters.

Know how to proceed after mediation?

Regardless of the result of the case, the mediator must complete a report to the court following the mediation session. The attorney who represents the plaintiff (the person who filed the suit) submits the report. The mediator will make clear the next steps in the case if no settlement is reached during mediation.

Here are the qualifications Superior Court requires of its medical malpractice mediators, and a list of the mediators and their background.

• Multi-Door Mediator Profiles

Who MUST attend mediation?

• All parties named in the case (everyone involved in the case) and their attorneys, for those who have attorneys representing them,
• In cases in which a company is being sued, it must send a corporate representatives with settlement authority, and
• Insurance adjusters.
• The mediator must complete a report to the court following the mediation session. The attorney who represents the plaintiff (the person who filed the suit) submits the report.
• If parties opt to use a court mediator, appointments are scheduled for Tuesdays, Wednesdays and Thursdays at 1:00 p.m.