Proceedings of the International Conference on Law Reform (INCLAR 2019)

Arbitration as an Alternative to Non-Litigation Settlement in Medical Cases

Authors
Errawan R. Wiradisuria, Dwi Heri Susatya, Andjar Bhawono
Corresponding Author
Errawan R. Wiradisuria
Available Online 4 March 2020.
DOI
https://doi.org/10.2991/aebmr.k.200226.024How to use a DOI?
Keywords
arbitration, alternative dispute resolution, medical disputes
Abstract

Medical disputes stem from the patient’s dissatisfaction with the actions of the doctor in carrying out his medical practice and extends to the hospital level which is then resolved through mediation. The purpose of the mediation is to find a win-win solution. However, there are weaknesses of the mediation, namely if the agreement reached from the mediation is not stated in the form of a deed, then the agreement in the mediation can be canceled and has no executive power, even though the agreement is final and binding. Therefore, there is a need for other dispute resolution efforts that not only have final and binding properties, but also have executive power. The dispute resolution efforts are through arbitration.This study is normative with secondary data as a data source. Data is examined by means of document studies. Data is analyzed qualitatively. The results of the analysis are presented descriptively.The results showed that arbitration as an alternative to non-litigation settlement in the case of a medical dispute provides many benefits for the parties, namely in arbitration, the parties may choose an arbitrator who is an expert in the disputed field, so the process is faster because it is decided by the truly expert in the field. Arbitration is also held in private only attended by the parties to the dispute, no one else is present. Therefore, arbitration as an alternative to non-litigation resolution in cases of medical disputes can be immediately applied in hospitals as an alternative in resolving medical cases, so cooperation between BANI and IDI is needed to draft special arbitration for medical disputes.

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the International Conference on Law Reform (INCLAR 2019)
Series
Advances in Economics, Business and Management Research
Publication Date
4 March 2020
ISBN
978-94-6252-916-8
ISSN
2352-5428
DOI
https://doi.org/10.2991/aebmr.k.200226.024How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Errawan R. Wiradisuria
AU  - Dwi Heri Susatya
AU  - Andjar Bhawono
PY  - 2020
DA  - 2020/03/04
TI  - Arbitration as an Alternative to Non-Litigation Settlement in Medical Cases
BT  - Proceedings of the International Conference on Law Reform (INCLAR 2019)
PB  - Atlantis Press
SP  - 121
EP  - 125
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200226.024
DO  - https://doi.org/10.2991/aebmr.k.200226.024
ID  - Wiradisuria2020
ER  -