The Empirical Study Of People’s Mediation In Medical Dispute Resolution

In recent years, the number of medical disputes continued to rise due to the growing demand for medical services of the pubic and their increasing awareness of legal rights. The number of medical disputes continues to rise, the conflicts between doctors and patients become a prominent part of the social contradictions at current stage. Endless medical violence like ?Medical Disturbance has been seriously affecting the order of medical organizations as well as the harmony and stability of society. Therefore, the research and innovation of medical disputes resolution mechanisms is needful. Different from other civil disputes, medical disputes are highly specialized and easy to intensify and lead to great social impact due to special relationship between the two parties in medical disputes. Nevertheless, peoples mediation system is very effective in resolving medical dispute for its free-of-charge nature, efficiency, flexibility and advantages in maintaining the relationship between doctors and patients. Therefore, people’s medical dispute mediation system has become the optimum choice to ease the tenses in medical disputes. Nowadays, there are already some excellent practice modes in establishing local medical mediation committee; but different cities should adjust the solution to their actual situation rather than do a direct copy.With the long-standing interest in the peoples mediation system and the concern on the medical dispute resolutions, the author chose a medical mediation committee in the relatively representative areas in central China as the object of study in the era when the medical disputes is becoming multi-layered and complicated. The author has made use of research methods like empirical investigation and done an in-depth study on medical dispute mediation system.After investigation and analysis of the basic mechanisms of peoples mediation system as well as its operational mechanism and supporting mechanism in Z City, the author discovered its characteristics and innovations including government-funding(which ensured the neutrality of medical mediation committee),expert advisory system(which contributed to the professionality of mediation),high insurance coverage rates(which secured the settlement rate), effective use of the system to discuss difficult cases and optimization of litigation and mediation combination are all contributing to the success of Z City. However, issues like the insufficiency of committee members, lack of acceptance from the public, low level of participation of the settlement centre and the immature precaution mechanism have become the obstacles that prevent medical mediation committee to act to its maximum efficacy. To improve the situation, the author has provided the following suggestions. Firstly, build a strong team for people’s medical dispute mediation organizations, focus on recruitment of and training of professionals, and establish an effective supervisory mechanism. Secondly, ensure theres secured funding and neutrality is maintained in the operating process. Thirdly, amend the role that insurance companies are playing so that they can take the responsibilities. Fourth, promote the image of the medical mediation committee. Last but not least, establish and improve the supporting measures, including discussion of difficult cases, disputes resolution and revisit system.The author wish to illustrate the innovations in this system through a comprehensive analysis of the people’s medical dispute mediation system of sample area and extend the successful practices and experiences of Z City to other similar regions in order to speed up the process of building a peoples medical dispute mediation mechanism country-wide, which would in turn promote the proper resolution of medical disputes and establishment of harmonious doctor-patient relationships.