The Role of Mediators in Resolving Medical Disputes

Abstract

A medical dispute is a dispute that occurs over a legal event involving medical personnel (doctors and dentists) or other health personnel (nurses, midwives, pharmacists or other health care professionals) as a result of the provision of medical services. In conventional settlement there are various things that are considered negative by the parties to the dispute. As a solution, the recommended model for resolving medical disputes is mediation. This research uses a normative juridical approach and is descriptive analytical by reviewing and researching relevant legal materials. Medical disputes are problems that have the potential to arise in society. In resolving it, the parties to the dispute are asked to prioritize mediation as an alternative dispute resolution compared to general court. The legal basis for Mediation is Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, Supreme Court Regulation no. 1 of 2016 concerning Mediation Procedures in Court and Law no. 17 of 2023 concerning Health. Mediation aims to obtain a valuable agreement win-win solution. The mediator as a mediator has the obligation and duty to carry out his role so that this can be done. Mediation has advantages in its implementation but also has several disadvantages. Mediation is an alternative dispute resolution in which a negotiation process is used to solve problems through an impartial and neutral external party who will work with the disputing parties to help find a solution to resolve the dispute in a satisfactory manner for both parties.