The Implementation of Litigation Mediation in Resolving Medical Disputes between Patients and Health Workers

Abstract

Medical disputes currently lack comprehensive legal resolution efforts, affecting patients, medical staff, and hospitals. There are two main ways to resolve these disputes: through court litigation or through non-litigation mediation. Choosing alternative dispute resolution methods can reduce doctors' fears, encourage healthcare improvements, and prevent damage to reputations from courtroom battles. It also aims to resolve patient conflicts more amicably, possibly allowing for fair compensation. The use of Alternative Dispute Resolution (ADR) is particularly recommended because it benefits all parties involved and provides legal protection in the Indonesian context. ADR is preferred over court litigation because it is cheaper, faster, and seeks a win-win solution rather than favoring one side. This normative legal research analyzed relevant laws and related literature in a deductive method. The results show that incorporating mediation into Indonesia's criminal law system could significantly improve the resolution of medical disputes, offering a more effective and efficient process.