Resolving conflicts and disputes. Mediation

In the field of medical and other kinds of services conflicts with customers (patients) are fairly common. Resolution of these conflicts has a specific nature due to relatively unequal status of parts of the conflict. The consumer is protected both by the current legislation, and also by the well-established in our society the presumption of his innocence based on the slogan “customer is always right”.

Settlement of conflicts and disputes in this area may be both by legal and non-legal means. Moreover, in most cases, it all depends on the will of the parties, their willingness to compromise.

Today mediation is one of the most popular ways to resolve disputes and conflicts involving neutral and independent third party - a mediator. Mediator has special skills in communication with the conflicting parties, which can significantly reduce emotional stress and determine the true interest of each party.

The mediator actually helps the parties find ways of resolving conflict (dispute) by themselves. He aims to help them develop a common understanding of the causes of conflict, to respect each other's interests. The parties control the decision-making process and the conditions of its solution.

In the course of the mediation the mediator does not have the right to offer their own variants of compromise solution and indicate the legal aspects of the situation.

Mediation should be carried out under certain terms and conditions, including a sequence of steps (phases), and should be based on the following principles: 

• voluntary;
• confidentiality;
• mutual respect;
• equality of the parties;
• neutrality and impartiality of the mediator;
• transparency and clarity of the procedure.

It is usually recommended settlement by the means of mediation if a peaceful solution of the dispute (conflict) out of court is possible, in cases where both parties are willing to resolve the conflict situation peacefully and voluntarily agree to mediation.

Mediation allows you to save confidentiality because during communication of the parties participation of third parties is limited. After mediation all materials and information that were transferred to the mediator are being destroyed.

For further information on how the mediation procedure in health care and other related spheres is conducted, please, read the section "Services", particularly for medical institutions.