Discussion On Chinese Medical Dispute Settlement Mechanism Of ADR

Along with the social relations, social benefits and conflicts of diversified development,medical science progress, China is in urgent need of the current processing mechanism ofmedical dispute, undertake corresponding reform, perfect. ADR (Alternative DisputeResolution)--the alternative dispute resolution mechanism has a professional, efficient,simple and strong confidentiality and other advantages, gradually cut a striking figure indispute resolution, has become in many countries and regions, the important way to resolvecivil disputes. According to China’s specific national conditions and the actual conditions inthe field of medical dispute, the introduction of ADR is help to resolve medical disputes moreefficiently, quickly. However, introduction and establishment of medical disputes in ChinaADR settlement mechanism must be consistent with China’s national conditions and specialcauses and nature of medical disputes.In this paper, through the literature review method to obtain the latest research data andrelevant laws and regulations, and through theoretical analysis, searching for medical disputesettlement mechanism of ADR deficiencies, and put forward the improvement proposal. Thefull text of about2words, in addition to the introduction and conclusion, the body consists offive parts. The main contents are as follows:The first part discusses the concept of medical disputes and the analysis of formationreason, purpose is to make clear our country medical dispute and its special property,convenient construction, perfect for non-litigation settlement mechanism. The second partthrough the analysis of judicial proceedings, by negotiation between patient and hospital,administrative regulation in our country’s existing three kinds of medical disputes resolutionstatus, review the current solution correct mode are missing; the third part through theanalysis of the characteristics and advantages of ADR, combined with the characteristics ofmedical dispute and conflict analysis in solving the medical dispute, apply the significance ofthe ADR; the fourth part is through the analysis of the existing medical ADR litigationsettlement mechanism model, discovered that the existence the question, and the acquisitionof foreign medical dispute solving mode ADR to accord with our country national conditionand actual settlement mechanism and Its Enlightenment; Fifth is to how to further improve themedical dispute settlement mechanism of ADR recommendations, which puts forward threepoints: first, is to firmly third party mediation mechanism objective and neutral position; second, to strengthen the third party mediation mechanism to maintain and cultivateprofessional talents; third, the establishment of medical dispute resolution mechanism is ADRperfect matching connection system.