A Comparison Research of Applying ADR into Medical Malpractice in the Cross-Straits－An Example of Arbitration
The theme of this article is to compare arbitration mechanism applied in the medical malpractice area in the cross-straits. Observing the Shenzhen City in Guangdorg, China, among different choices of dealing with medical malpractices, those who choose arbitration is higher than litigation. Obviously, according to experiences applied in the Shenzhen City, arbitration’s advantages include enforcement, efficiency, and professionalism. Facing the gap between physicians and patients regarding to professional knowledge and information, an objective and neutral third party intervened to deal with time consuming and complex medical malpractices is necessary. Before legislating medical malpractices as a special law, judicial mediation is promoted currently among alternative dispute resolution (ADR) choices to deal with medical malpractices. Lesson learning from the Shenzhen City about applying arbitration as one option of dealing with medical malpractices, this article examines Taiwan’s “the Arbitration Law” and experts prepared, suggests that arbitration has potential to become one of the ADR methods and should be mentioned in the special law. Meanwhile, the level of trust to arbitration in the society is a great task to the cross-straits.