An Empirical Investigation and the Improvement Proposals for the Third Party Mediation in the Medical Disputes in China: An Analysis Based on the Joint Mode of People's Mediation and Medical Liability Insurance about the Medical Disputes in Hainan Province

Alternative Dispute Resolution of the medical disputes is widely recognized and advocated by the different countries. China is now exploring the third party mediation of the medical disputes,and the mode that combines people's mediation and medical liability insurance is regarded as the mainstream resolution. Its practice in Hainan province has effectively maintained the medical order,basically realizing the connection of dispute mediation with economic compensation,risk prevention and legal aid. The third party mediation of medical disputes in China is supposed to improve from several aspects as follows: reduce the mediating procedures of administrative intervention so as to ensure the independent implementation,increase the financial investment of the different levels of governments so as to ensure enough economic support,strength the comprehensive construction of talents to ensure the professional standards,explore the establishment of mediation supervising system to guarantee the fairness and rightness,as well as legislate to carry out the medical liability insurance to resolve the risks of medical liability on the market. And meantime the third party can still try to restore the relationship between doctors and patients.