Study On Mediation Mechanism Before Litigation In Medical Dispute Cases

In recent years,the rapid growth of medical disputes reflects the current tense relationship between doctors and patients in our country,and also adds unstable factors to the normal medical environment and social harmony.It is necessary to solve medical disputes in multiple ways.Against this background,court mediation has emerged as the times require.It provides a more moderate,flexible and quick solution channel for medical disputes and becomes an important non litigation solution.In recent years,more and more courts across the country have initiated pre litigation mediation experiments,and there have been many useful explorations in medical disputes.The first mediation system stipulated in the 122nd article of the Civil Procedure Law lays a legal foundation for the pre litigation mediation of the court,and this provision lacks operational nature,which also brings challenges to the mediation before litigation.Up to now,there is no clear legislative stipulation on pre litigation mediation in medical disputes,nor has there been a unified mode and practice.There are many difficulties in practice.This article is based on the fact that the current medical disputes are frequent and the mediation before litigation is not complete.Combined with the legal practice and useful experience of foreign countries,this paper puts forward some suggestions for the construction of the mediation mechanism before the litigation of medical disputes in order to achieve better development in our country.This article is divided into four parts:the first part introduces the meaning and value of mediation mechanism before litigation in medical dispute cases.The mediation mechanism mentioned in this article refers to the mediation mechanism before litigation.Before the proceedings begin,before the proceedings begin,the court will lead the mediation of medical disputes that are suitable for mediation under the consensual start of the doctors and patients,and issue relevant instruments or enter the proceedings according to the success of mediation.This mechanism has the value of harmony,autonomy,cost control and litigation,which is of great significance in resolving medical disputes.The second part examines the practice of mediation before litigation in China's medical disputes.On the one hand,we should see the useful exploration made by the courts in recent years in medical dispute cases.By selecting the typical practices of four courts,we explore the useful exploration of the courts in practice in China.On the other hand,we should also face up to the existing difficulties.There are still some difficulties in medical disputes such as imperfect legal provisions,uncoordinated mediation mode,unstandardized mediation procedures,unprofessional mediators,and low degree of acceptance before mediation.The third part introduces the experience of mediation in medical dispute cases in the United States,Japan and Taiwan in the perspective of comparative law,and makes comparative analysis to get inspiration outside the box.The fourth part puts forward suggestions for the construction of mediation mechanism before litigation.In the light of China's current predicament,it puts forward proposals to perfect relevant legislative provisions,include special mediation agencies before the courts,standardize mediation procedures,strengthen the construction of mediation personnel,strengthen publicity and guidance,and effectively enhance the acceptance of mediation before litigation.