Mediation as a Tool in Health Care

Paper Summary:

This research paper examines how mediation is a useful tool for resolving a variety of conflicts which occur in health care settings because it promotes cost-effective, cooperative solutions which stand the best chance of standing the test of time. It looks at how it is especially useful in resolving disputes with high emotional content, including but not limited to bioethical controversies, such as those concerning the continuing or withdrawal of treatment for terminally ill patients.

Outline
Definition and History of Mediation
Factors Behind the Growth of Mediation in Health Care
Malpractice Explosion and the Changing Physician-Patient Relationship
Advantages and Disadvantages of Mediation in Health Care
Qualifications of Health Care Mediators
Dynamics of Health Care Mediation
Role of Mediation in Death and Other Bioethical Decisions
Euthanasia, Including Physician-Assisted Suicide
Conclusions

From the Paper:

"Mediation differs from other methods of resolving disputes. If a dispute is settled by avoidance, one of the parties to the dispute yields to the wishes of the other party. If a dispute is settled by private coercion, a resolution of the dispute is imposed by one party on another party. If the parties reach an accommodation or compromise through private negotiation, they do so without the assistance of a third party facilitator. A dispute may also be resolved by legal means, i.e. through litigation in which a judge or jury dictates the final resolution or private arbitration, in which an impartial third party renders a judgment which can be binding (or non-binding) on the parties. One of the distinct advantages of a mediated settlement, as opposed to one imposed through coercion, is that it leads to a resolution in which the participants who fashioned it have a stake in its success. Such settlements, therefore, are more likely to be long-lasting and contribute to a stable relationship in the future between the participants."

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