美国医疗纠纷替代性解决机制研析

Research and analysis of medical alternative dispute resolution in United States

美国医疗纠纷替代性纠纷解决机制卓有成效,其不仅包含作为传统非讼手段的调解、仲裁、和解,还创设出监察员制度、事实调查、建立共识、混合式ADR、聘雇退休法官程序、微型审理、简易陪审团审判、诉前审查庭等多种方式。因受到司法机关与行政单位的重视和民间团体的大力支持,美国ADR制度已经发展成为与民事诉讼制度双轨并行、相互补充的重要纠纷解决机制。针对我国今年医闹事件频发,伤医事件愈演愈烈的情况,将ADR机制导引入国内医疗纠纷领域,不失为一条缓和医患关系、促进医患沟通、妥善解决医疗纠纷的有效可行的途径。

Medical Alternative Dispute Resolution in United States contains not only mediation, arbitration and reconciliation, but also Ombudspersons, fact-finding, consensus-building, ADR hybrids, rent-a-judge program, mini-trial, summary jury trial, pretrial screening panel. There are two ADR modes as private disputes resolved by adjunct to courts and private disputes resolved by independent mechanisms. Due to the strong support of the judici- ary, administrative units and civil society, the United States ADR system has developed into a track parallel with the civil litigation system, complement each other disputes settlement mechanism. Feasible and effective way for our medical trouble this year, the event is frequent injury medical event intensified, the introduction of ADR mechanisms guide the field of domestic medical disputes, regarded as one easing the doctor-patient relationship, to promote com- munication between doctors and patients, to properly resolve medical disputes.