Mediation in Medical Disputes
DOI:
https://doi.org/10.60131/adr.1.2025.11061Keywords:
medical dispute mediation, medical negligence, medical dispute, patient autonomy therapeutic justice.Abstract
In medical disputes, absolute rights such as life and health intersect with issues concerning professional liability, institutional accountability, and public trust in healthcare systems. Unlike ordinary civil disputes, such conflicts are of a particularly sensitive nature, as they concern vulnerable individuals, their physical and psychological well-being, and are further characterized by power and informational asymmetries between the parties. Their significance extends beyond the resolution of pecuniary or non-pecuniary claims and encompasses issues relating to the quality of medical services, the adequacy of institutional mechanisms, and the need for systemic improvement – matters that cannot always be comprehensively addressed within the framework of traditional adjudication.
Given the specific characteristics of medical disputes, mediation may serve as a mechanism that ensures not only a fair and informed resolution of the dispute but also the realization of patient autonomy and the consideration of a broader spectrum of claims, while simultaneously preserving the reputation and professional accountability of healthcare professionals. Moreover, mediation performs a therapeutic function in the context of restoring relationships.
The present paper aims, on the basis of comparative legal analysis, to assess the role of mediation in medical disputes, the frameworks of various legal systems, as well as its ethical aspects and practical perspectives.
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