The Current Situation and Reform of “Hainan Mode” as the Third Party Mediation Mechanism for the Medical Disputes

The third party mediation mechanism for the medical disputes,as one of the ADRs,is the important approach to complementing the defects in the current coping mechanisms of the medical disputes and resolving these disputes. The Hainan modeas the third party mediation mechanism of the medical disputes has achieved the certain effects since its implementation in September 2010. While its major characteristics lie in the introduction of insurance broker system and the establishment of medical dispute court,the shortcomings both in mediation mechanism and insurance system still exist. The following measures are suggested for its improvement:improve the insurance broker system to cultivate the professional quality,perfect the third party mediation mechanism of the medical disputes to strengthen its credibility,construct the pluralistic settlement mechanism for medical disputes to optimize the allocation of legal resources,and improve the procedural mechanism to realize the coordination between efficiency and fairness in handling the medical disputes,as well as reconstruct the system of the medical damage identification.