If a party challenges an appraisal committee member or a mediation committee member, which part of the processing period is not counted, and where does that excluded period begin and end?
General information · Not legal advice
Material to check
In a practice file we read the challenge application with its filing date, the decision disposing of that challenge with the date it was made, and the papers fixing the appraisal or mediation processing period, so that the span claimed as excluded can be measured against that decision.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the item at face value: the period running from the day a party filed a challenge against an appraisal committee member or a mediation committee member up to the decision on it is not counted toward the processing period for an appraisal or a mediation that the Act on medical accidents and medical dispute mediation sets.
Another reading marks the span's edges: only the time between those two events falls outside the count, so days before the challenge and after the decision still count, and the provision lists this ground alongside death, succession, conversion of simple mediation and diagnosis periods without stating how such excluded spans are combined where they overlap.
Your judgment
Where an excluded challenge span overlaps with another excluded period, how does the file establish which days remain inside the processing period the Act sets?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change when the excluded period begins or ends, or how overlapping excluded periods combine, or if an official decision clarifies the date a challenge is treated as filed or as decided.