医疗纠纷第三方调解的公信力分析

Analysis on Credibility of the Third-party Mediation of Medical Dispute

为探讨影响医疗纠纷第三方调解公信力的主体性因素及提高其公信力的措施。采用结构式访谈法对第三方调解进行了研究。影响第三方调解公信力的主体性因素主要是调解主体的调解能力与调解形象。要提高调解能力,需招聘既懂法又懂医的调解员以提高调解员的专业能力,促进调解员工作专职化,以案件为主体组织团队相互配合完成调解工作,学习调解需要的法学与医学知识,建立调解医学专家库与法学专家库。提升第三方调解形象,需保障第三方调解的中立性,实施免费调解,医调委、医疗机构与媒体多渠道宣传第三方调解以提高知晓度,调解承诺合理并兑现。

To explore factors influencing the subjectivity of the third-party medical dispute mediation credibility and improve its credibility measures, this article researched the third-party medical dispute mediation using the structured interview method. It found that the third-party mediation subject ability and conciliation image were two kernel elements of credibility. In order to improve the ability of mediation, mediators need to recruit talented personnel of law and medicine which can improve the professional abilities, promote the professionalization of mediator job, complete mediation work in the case of case-oriented interaction of team members, learn knowledge of law and medicine, as well as establish expert database. In order to enhance the image of the third-party medical dispute mediation, we should keep the neutrality of the third-party medical dispute mediation, implement free mediation and multi--channel propaganda, and fulfill the reasonable promise of mediation.