A Study on Alternative Medical Malpractice Dispute Resolution in Japan-Focusing on non- Governmental Organization ADR
There are plenty of literatures demonstrating that courts are not the appropriate forum for resolving medical malpractice disputes. Litigations certainly are not cost-efficient in achieving either the function of damage compensation or future injury prevention. Accordingly, it has been ardently studied on how to design an alternative dispute resolution (ADR) to better suit the needs of patients and physicians in case of medical malpractice. To facilitate professional or non-profit /non- governmental organizations in various fields participated in the alternative dispute resolution system, Japan accomplished the legislation of “Act on Promotion of Use of Alternative Dispute Resolution” which took effect in 2007. Due to legal system and culture in Japan, alternative dispute resolutions of medical disputes are developing multifaceted. Firstly, this article will introduce Japan’s alternative dispute resolutions of medical disputes. Then, this paper will compare the processes and features in different non-profit/non-governmental organizations in hopes of providing suggestions for our country to establish medical dispute resolution mechanisms in the future.