Research On The ADR (Alternatvie Dispute Resolution) For The Medical Dispute

Medical dispute is one of the severest conflict confrontation of all the dispute types because it is quite related to people's health benefit, it also belongs to the dispute type that the two related sides wish to resolve it swiftly and effectively. Because of the advantage of convenience, economy, swiftness, profession and the confidentiality and so on, ADR finally becomes the tendency of resolving the medical dispute in many countries and areas. This article aims to use the rational design of ADR procedures and learn from the foreign experience, optimize and integrate the existed ADR methods like negotiation and mediation, and let ADR be the "appropriate technology" to resolve medical disputes which can expand multiple resources, and find a more appropriate way to solve our medical disputes fairly and reasonably.This paper belongs to the qualitative study, mainly by the way of document inspection to find the newest researching data and the related law and regulation, also use the way of comparative study and case analysis. The paper includes the following four parts:The first three chapters mainly generalizes the ADR,and combines our national condition to analyze ADR's practical role in our national medical dispute resolution; it describes the history, the practical ways and the law background of our national medical dispute resolution, and discuses the necessity of ADR's application for national dispute resolution; further more introduces the practical use of ADR to resolve medical disputes in the United States, Japan, Germany, other countries and China's Taiwan region and their experience for our inspiration.Chapter four is the key research for the whole paper, which mainly focus on the related problems of ADR for national medical dispute, first of all, is the justice of ADR procedures, then the analysis of the ADR settlement mechanism of the third-party's force, later on the proper ADR method for different medical disputes, at the same time, supposes some ideas for our national medical ADR methods, and the final implementation is to guarantee the execution for ADR.