On Internal Mediation Mechanism Of Medical Dispute

Abstract:Internal mediation of medical dispute refers to the mediation carried out by the hospital internal organization, generally by department of medical administration. Hospital internal mediation is based on legitimacy-neutrality and desirability, and possesses positive effects:solving medical disputes perfectly, satisfying patients and hospitals, preserving the normal order of hospital and improving the medical quality effectively.The types of hospital internal mediation include determined mediation, enlightening mediation and therapeutic mediation. Enlightening mediation and therapeutic mediation can solve medical disputes effectively while the determined mediation may encounter desirability dilemma-termination of mediation procedure and the transition from desirability to acquiescence. The desirability dilemma is caused by the difference between desirability bases and mediation functional purposes of the patient and hospital, the conflict between the hospital’s preference to seek litigation and the patient’s favor of mediation, the will of hospital internal mediation organization strengthening its force in the mediation.Theoretically, the measures to eliminate the structural contradictions in internal determined mediation are as follows:first, restoring the neutrality of mediation organization; second, promoting the parties’equal communication. The specific measures include:limiting the coercive power of hospital internal mediation organization, strengthening communication between doctors and patients, narrowing the distance of relationship between doctors and patients and improving the process of the mediation in the hospital.