ADR in Medical Sector

In recent years, arbitration as an effective dispute resolution mechanism has been used not only for traditionally recognized commercial disputes, but also across a wide range of other sectors.

 Particularly noteworthy is the dynamic development, in many countries, of alternative methods for resolving disputes arising in the healthcare sector.

Medical arbitration is a modern method of dispute resolution that involves submitting a dispute—arising between a legal entity or individual entrepreneur providing medical care and services, and the recipients of those services (patients), as well as other possible parties—to an impartial and neutral third party, the arbitrator. The goal is to obtain a fair resolution from an independent arbitral tribunal without unnecessary delays or additional costs.

 A review of international practice shows that medical arbitration is applied in a variety of legal relationships, including:

• medical care, services, interventions, and other related services, including telemedicine and laboratory services,
• harm caused by a doctor’s actions or omissions,
• the quality of medical care, services, and interventions,
• medical professional ethics
• confidentiality in electronic health systems and the management of healthcare databases,
• palliative medical care,
• medical confidentiality,
• relationships between healthcare institutions and medical personnel, and more.

 It is noteworthy that disputes in the medical field often arise—or at least escalate—due to poor communication. According to 2022 data, one in five complaints against doctors in Singapore was caused by miscommunication. At the same time, in many cases, patients file claims against medical service providers not primarily to obtain compensation, but to clarify what went wrong. In this context, alternative dispute resolution mechanisms—such as arbitration and mediation—help ensure fact-finding while preserving a cooperative environment between the parties.