Year: 2024 | Month: February | Volume: 11 | Issue: 2 | Pages: 268-277
DOI: https://doi.org/10.52403/ijrr.20240229
Mediation as an Alternative Dispute Resolution Outside the Court in the Context of Health Disputes Post-Enactment of Law Number 17 Of 2023 Regarding Health
Abdul Rahman Maulana Siregar1, Redyanto Sidi2, Rahul Ardian Fikri3, Elbina Theresa4
1,2,3,4Master's Program in Health Law, Universitas Pembangunan Panca Budi Medan, North Sumatera, Indonesia
Corresponding Author: Abdul Rahman Maulana Siregar
ABSTRACT
This paper undertakes a normative review of mediation as an alternative dispute resolution method outside the court, specifically in the realm of health disputes. The complexity of health-related conflicts involving diverse stakeholders, including patients, medical personnel, healthcare workers, and hospitals, necessitates a nuanced approach for effective resolution post the enactment of Law Number 17 of 2023 concerning Health. Resolving health disputes extrajudicially proves highly effective and beneficial, catering to the essential needs of patients, medical personnel, healthcare workers, and hospitals. The paper will elucidate the advantages of mediation as an alternative dispute resolution outside the court in the context of health disputes and the challenges associated with implementing mediation in this domain. Consequently, the research will underscore how mediation emerges as a potent tool for settling disagreements among the myriad parties entangled in health-related disputes. Anticipated outcomes of this paper include providing stakeholders, such as patients, medical personnel, healthcare workers, and hospitals, with a comprehensive understanding of mediation as an effective alternative for resolving health disputes outside the formal court system.
Keywords: Mediation, Alternative Dispute Resolution, Health.
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