Mediation as an alternative dispute resolution method for healthcare disputes in Malta

Abstract

This dissertation discusses the possibility of introducing mediation to resolve healthcare disputes in Malta that arise from iatrogenic injuries sustained by patients being treated by a health care professional. While no statistical data about medical malpractice or disputes emanating from such instances are recorded, international statistics show that no healthcare system is free from these errors and adverse events. This study in mediation will seek to evaluate whether the use of mediation in healthcare disputes is beneficial for the disputing parties, how it can be introduced as a method of alternative dispute resolution in this area of conflict in Malta, as well as its advantages and limitations when compared to other means of redress, mainly litigation and arbitration. Furthermore, in argument for the formal, voluntary introduction of this avenue for healthcare disputes in Malta, the appropriate mediation style, or combination of styles, to be used during such mediations will be also discussed. This dissertation will propose changes to the current system which will allow for the inclusion of mediation in the current healthcare dispute resolution procedure in Malta.