从比较法视角浅析我国医疗纠纷ADR机制之完善(上)

Use the comparison method to elementarily analyze medical disputes ADR resolution mechanism in China

ADR系美国舶来词,即学术界通称的"非诉讼纠纷解决机制"。随着医疗纠纷的不断升级,依靠诉讼来定纷止争日益凸显其弊端。相比之下,"把纠纷解决成本减少到最低并使其纠纷解决效果达到最佳"的ADR机制显然更具优势。目前我国已开始将ADR机制引入医疗纠纷的解决之中,但仍欠成熟。因此,在比较研究其他国家和地区相关做法的基础上,建立起一套符合中国国情且更加行之有效的医疗纠纷ADR机制已成为当务之急。

ADR is a loan words of America, it is usually called＂Alternative Dispute Resolution＇in academia. As the rapidly growth of the amount of medical disputes ,the requirement of settlement by method other legislation be- comes is growing. As one of the new method of settle disputes, ADR mechanism has advantages to reduce the cost of dispute resolution and achieve the best effect. At present, our country has already started to use ADR mechanism in medical dispute solution, but it is still not mature. Therefore, using a comparative research on the practice of oth- er countries and regions to build an ADR mechanism according with Chinese national condition will be a pressing matter of the moment.