Research On ADR Mechanism Of Medical Disputes

ADR is the abbreviation of Alternative Dispute Resolution,meaning"alternative dispute resolution mechanism",which is the general term for a variety of ways to resolve disputes,other litigation outside the program or system.The concept of ADR is especially the original American modern alternative dispute resolution originated from the United States.Along with the development of society,the change of the ideology,and the judicial system gradually mature,ADR gradually became the floorboard of various litigation dispute settlement in twentieth Century,and prevailing in the whole world.Many countries have established the corresponding mechanism in different degrees or different angles according to the specific conditions,which playing pivotal role in solving disputes field.In recent years,China's legal theory and practice of community have done a deeply discussion in solving the disputes furtherly on the basis of existing resolution to avoid weaknesses,so that it can become an important part of China's rule of law.And they did a lot of trying and received good results in the city of Beijing,Shanghai,and Tianjin firstly.In this paper,compared with the developed countries and regions such as Britain and American from the theory and practice,through analyzing China's current dispute settlement mechanism in theory and practice,we regard that we should build our country's dispute settlement mechanism suited for our national conditions by using for reference the advanced theory and practice in developed countries combining with the situation of our country and the theory of practice.The full paper is divided into five parts.In the first part we introduces the concept of ADR,its background and characteristics,the concept of medical disputes,the causes of medical disputes,and the application of ADR dispute resolution mechanism in medical dispute resolution.In the second part,through analyzing the non litigation procedure such as judicial litigation,mediation and arbitration,the defects of the current medical dispute resolution model in China are found out.In the third part we introduces the feasibility analysis of ADR mechanism in solving medical disputes in china.In the fourth part we introduces the legislation comparison of foreign countries and regions ADR mechanism.In the fifth part we discusses mainly the establishment of ADR mechanism of medical disputes in China,and we put forward some suggestions:firstly,specialized medical arbitration should be established;secondly,the "pre mediation" system should be established;finally,the construction of supporting system of the ADR mechanism of medical disputes should be improved.The purpose is to solve the way through the diversified disputes,which can ease the pressure on the judiciary,save litigation costs,convenient and efficient service for the masses;while the non litigation can get higher credibility,has become a powerful complement to the way of litigation,but also become a strong complement to the judicial system.