The Study Of Medical Disputes On Alternative Dispute Resolution

Medical disputes are always close to normal people’s life.It concerns about human health and life.Once the medical disputes happen,people are easy to get angry and can’t accept the resolution provided by the doctors or hospitals.Thus fierce quarrels exploded.Because traditional judicial litigation has the features that are cumbersome and time-consuming,in practical,more and more people would like to choose alternative dispute resolutions to solve the medical disputes instead.Unfortunately,our current legal system can’t handle those problems very well.Not only the traditional judicial litigations,our existing ADR methods,such as administrative mediation and reconciliation,all seem to fail on this problem.The world has faced the explosion of medical disputes.Although different country chose different ways to handle it,these methods all belong to the alternative dispute resolution.The United States,which represents the western developed countries,developed quite mature alternative dispute resolutions.The typical kinds of ADR methods include the traditional ways such as mediation,settlement and arbitration.In addition,it creates many new types,like early disclosure and apology,negotiations,ombudspersons,pretrial screening panels,mini-trial,summary jury trial and ADR hybrids.In this paper,firstly,it focuses on the specificity of medical disputes.Then it introduces the motion,feature and type of alternative dispute resolution.Secondly,it talks about the problems of both litigation and traditional alternative disputes resolution in China.In addition,the second part also talks about current reform in China,mainly on some typical provinces and analysis their advantages and disadvantages.In the third part,the writer using the comparative study measures to explore United States and other countries’ successful ADR methods,and combine them with our China’s national condition.Lastly,this paper tries to create a new and executable legal system that includes early disclosure and apology,systematical mediation,specialized arbitration and compulsory medical liability insurances.