Strengthen Mediation in Medical Dispute Resolution: Commentary on the Draft Medical Dispute Resolution and Adverse Event Compensation Act
This article emphasizes that the primary principle and utmost consideration for resolving medical disputes is to avoid the disputes from entering litigation proceedings and to make the criminal procedure to become a mechanism ready just in case. Therefore, how to enhance and take advantage of the alternative dispute resolution (ADR) mechanism is what the author’s main concern lies. Based on the draft Medical Dispute Resolution and Adverse Event Compensation Act, this article should further strengthen the function of compulsory mediation in both civil and criminal procedures. By doing so, we may expect to reach a quick solution to the dispute and to avoid both sides suffer. Besides, by raising the incentive of the mediation mechanism, combined with the relevant supporting measures, it is hope that both sides of the medical dispute shall be more willing to utilize mediation mechanism rather than litigation, so as to implement the advantage of ADR for resolving medical disputes.