Research On Medical Dispute Alternative Resolution Mechanism

At present, incidence of Medical Disputes has become a serious problem to themedical institutions and medical staff, which, to a certain extent, even affects socialstability. There are some insuperable defects that exist in the Civil Proceeding whendealing with the Medical Disputes, which cannot meet the need of solving the medicaldisputes. Some beneficial explorations about medical dispute settlement mechanismhave been carried on in many places of our country. This passage will start from thegeneral theory of medical dispute settlement mechanism, then through the analysis offoreign experience to summarize the achievements of medical dispute on solving themechanism exploration. At last, the improving measures will be given throughanalyzing of ADR mechanism.Firstly, this paper discusses the concept of medicaldisputes and point to the defects of the civil litigation settlement mechanism, and thenanalysis the feasibility of resolving mechanism of medical dispute lawsuit.Secondly, themedical dispute resolution mechanism in the negotiation mechanism was discussed,analyzed the main characteristics and basic principles of negotiation mechanism, andsummarizes the advantages and disadvantages of negotiation mechanism.Thirdly,medical dispute resolution mechanism in the mediation mechanism is discussed,analyzing the main characteristics and basic principles of mediation. Mediation isdivided into administrative mediation, people’s mediation, respectively analyzes theadvantages and disadvantages of their medical disputes.The last, discussing theresolution of our medical dispute suggestion. Including improve the negotiation ofmechanism and administrative mediation mechanism, vigorously promote the people’smediation mechanism of medical disputes, the full implementation of the medicalliability insurance, and establish a comprehensive compensation mechanism of medicalaccident. At the same time, to give the views about the medical disputes which aresuitable for using in the arbitration process, and discuss the alternation between disputeresolution mechanism and the litigation mechanism of convergence.