Feedback needed! Proposed change to Civil Division Rule

The judiciary and the Chief Deputy Clerk are requesting input regarding a proposed Civil Division local rule (6.3) change.  Please contact Jesse Blocher at jblocher@habush.com if you would like to provide feedback regarding this proposed change.  Chief Deputy Clerk Backus has requested feedback be provided no later than Friday, September 10th. 

The proposed rule change would appear as follows:

All Waukesha County contested small claims cases shall proceed through mediation except as set forth below.

The party filing the case shall initiate scheduling of mediation within ten business days of receipt of a Notice of Hearing from the Clerk of Circuit Court. Failure to timely initiate scheduling of mediation may be grounds for dismissal. Cost of mediation will be divided equally between the parties. The parties may use any mutually agreed upon mediator. If the parties cannot mutually agree upon a mediator, Mediation Resolutions or a mediator designated by the Court shall be used.

Each party shall personally appear at the mediation with or without an attorney. A corporate party may appear by an attorney. The mediation process shall be completed at least ten business days prior to any scheduled contested hearing. Failure to attend mediation may be grounds to grant judgment or dismissal against the offending party. The judge or court commissioner may grant judgment or dismissal upon the court’s own motion or upon the motion of a party.

Mediation shall not apply to the first claim for return of rental property in an eviction case. Mediation shall apply to any money claims (e.g. past due rent and/or damage to property, etc.)​