Study On Alternative Dispute Resolution (ADR) Of Medical Disputes

More and more disputes between doctors and patients,the increasingly tense relationship between doctors and patients has become a concernto-day's society is also one of the contradictions that need to be resolved.Sharpening and complicating are two distinct characteristics of contradiction in the social transition period.In view of this situation,in the nationa 1 conditions on the basis of the establishment of appropriate and effective dispute resolution,is to ease the tension between the doctor and the key.In the legislation,consultation,health administrative organs of the mediation,litigation,is the main three kinds of medical disputes in China.In the practice of medical dispute resolution,consultation is the basic way to resolve disputes,but the consultation mechanism is difficult to standardize.The mediation of the health administrative organ is a dispute resolution mechanism that acts as a mediator by acting as a third party and acting as a mediator between doctors and patients.In practice,the application rate is less,because people think that the health administrative departments are difficult to divorce from medical disputes to play an independent third-party role,as managers of medical institutions in the process of handling disputes to maintain a fair and just position People are also skeptical about this.All along,litigation plays a central role in dispute resolution.The pressure of the handling of the judiciary also with the medical disputes continue to increase the growing.At the same time,with the gradual standardization of medical disputes,so that judges in the case of difficult,which also affected the impartiality of the referee to a certain extent.So how do you change this situation?In foreign countries,the advantages of alternative dispute resolution mechanisms for medical disputes are increasingly revealed.On the basis of the practical experience of the alternative dispute resolution mechanism of foreign medical disputes,the author puts forward some opinions that meet the existing national conditions and conditions.