Research On The Mediation Mechanism Of Medical Disputes By Third Party In China

In accordance with the medical malpractice bill,the calmed down of medicaldispute in our country at present contains three parts，self-negotiation,mediationpresided over Medical Administrative Command and litigation.With the increasingnumber of medical disputes, the current Control Mechanism is too single to meet thedemands of diversity, efficiency and fairness,making the conflict between the doctorand the patient becoming more and more seriously.Thus,it is necessary to develop theControl Mechanism toward Medical Dispute by the Third Party,to build a harmoniousrelationship.The medical dispute is a kind of special civil disputes,with high professinal andhigh risk,making its settlement mechanism professinal and efficent.In the currentmedical dispute settlement mechanism,there are advantages,namely the low efficiencyof conciliation,the lack of neutrality of mediation and the high-cost of litigation.Medical Dispute by the Third Party is becoming a new way,with its comparativeadvantages.There isn’t a conclusion on the research Control Mechanism toward MedicalDispute by the Third Party. Using the method of case analysis to summarize, itscurrent situation and problems can be drawed in the following aspects: lack ofauthority, lack of neutral, lack of funds and lack of talents. On this basis,suggestionsto the involved problems are available.To improve the authority,firstly,define the legal status of the third partymediation as professinal medical dispute mediation committee,a kind of the people’sMediation Committee combinaed by official and private. Secondly, set up thestandard of its building,which is set and controled by the judicial and administrativedepartments.In aditional,set up a series of mediation procedures in scientific andresonable as safeguardence. Finally,take the mediation agreement as a contract,withexecution via judicial confirmation and notarization procedures.To make sure the neutrality,it should be independent from the administrativedepartment of public health in the form and design the system adhere to the maximumcontrol of parties in program.For financial security,it can be mainly supported by localfinacial,medical liability insurance and social donations.On the talent,put forward todevelop compound talents training and build the expert database in the model of part-time and full-time.The Control Mechanism toward Medical Dispute by the Third Party is only alink of dispute-solving mechanism. The variety and complexity of dispute require theresources of solving dispute should be rich enough.Because of the comparativeadvantages over other dispute solutions,it plays an important role to build a multiplemechanism for solving the medical dispute.In respect of regional,promoting a unifiedtype of Control Mechanism toward Medical Dispute by the Third Party is the comingtendency.