Mediation in Healthcare: Enhancing Conflict Resolution Between Patients and Physicians Beyond the Courtroom

Abstract

Healthcare is defined by rapidly advancing technologies and increased patient expectations, resulting in frequent disagreements between patients, their families, and medical practitioners. Historically, these conflicts have been settled through the adversarial court system, which frequently fails to produce equitable results due to unequal legal representation, procedural difficulties, and other shortcomings. This analysis investigates mediation, a type of Alternative Dispute Resolution (ADR), as a viable option for addressing healthcare disputes. Mediation is a voluntary, flexible, and confidential process in which a neutral third party organizes negotiations to help conflicting parties reach an agreement. Unlike litigation, mediation promotes open communication, empathy, and the preservation of relationships, which enhances patient trust and satisfaction. Furthermore, mediation resolves disputes more quickly and cost-effectively than traditional court proceedings, significantly reducing the emotional and financial burdens on all parties involved. This review examines the benefits of mediation, focusing on its role in preserving physician-patient relationships, reducing legal costs, and improving overall healthcare outcomes. The use of mediation in healthcare conflict resolution provides a more effective, compassionate, and lasting resolution that benefits healthcare institutions, practitioners, and patients.

Keywords: alternative dispute resolution; clinical conflict management; healthcare conflict resolution; healthcare mediation; mediation; medical disputes; physician-patient communication; physician-patient mediation; physician-patient relationship.