The practice of mediation to resolve clinical, bioethical, and medical malpractice disputes

• Published in: Hong Kong medical journal = Xianggang yi xue za zhi Vol. 21; no. 6; pp. 560 - 564
• Main Authors: Lee, Danny W H, Lai, Paul B S
• Format: Journal Article
• Language: English; Chinese
• Published: China Hong Kong Academy of Medicine 01.12.2015
• Subjects: Accreditation; Active listening; Bioethics; Clinical medicine; Collaboration; Communication; Complaints; Confidentiality; Dissent and Disputes - legislation & jurisprudence; Humans; Litigation; Malpractice - legislation & jurisprudence; Medical malpractice; Medical personnel; Negotiating - methods; Patients; Professionals; Hong Kong China; China; Bioethics; Malpractice; Negotiating
• ISSN: 1024-2708; 2226-8707
• DOI: 10.12809/hkmj154615

Mediation is a voluntary process whereby a neutral and impartial third party-t-he mediator--is present to facilitate communication and negotiation between the disputing parties so that amicable settlements can be agreed. Being confidential and non-adversarial in nature, the mediation process and skills are particularly applicable in clinical practice to facilitate challenging communications following adverse events, to assist bioethical decision making and to resolve disputes. Mediation is also a more effective and efficient means of dispute resolution in medical malpractice claims when compared with civil litigation. Health care mediation teams should be set up at individual facilities to provide education and consultation services to frontline staff and patients. At a community level, the Government, the mediation community, and the health care professionals should join forces to promote mediation as a means to settle medical malpractice claims outside of the courtroom.