论医疗纠纷的代替性解决机制

On the system of alternative resolution in medical dispute

由于在纠纷解决方面所表现出来的简便、经济、快捷、专业性及保密性强等优点 ,代替性纠纷解决机制———ADR(Alternativedisputeresolution )逐渐成为许多国家和地区解决民事纠纷的一大趋势。我国现行医疗纠纷解决机制仍存在着一些问题 ,有待于进一步的改革与完善。根据我国所面临的实际情况 ,将SDR引入医疗纠纷领域是一条快速、有效地解决医疗纠纷的途径。医疗纠纷的代替性解决机制主要包括仲裁、调解以及和解。这三种纠纷解决方式各具特点 ,适用于不同情况下医疗纠纷的解决。

ADR(Alternative dispute resolution ) has been became the tendency to resolve civil dispute in many countries for its convenience, economy, quickness, high specialization and strict confidentiality etc. In our current, there are still some problems about medical dispute resolvent system, which needs to be reformed and perfected further. According to the current situation, we should realize that it is a good way by using SDR in medical dispute resolvent. The system of ADR in medical dispute includes mainly arbitration, mediation and negotiation. All the three kinds are suitable to the resolution of different medical disputes for their characteristics.