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Medical Disputes


MediationㆍArbitration

Mediation

When a request for mediation is made from an applicant among the parties involved in a dispute, the mediation committee prepares a mediation proposal for the investigation of evidence, sets a specific period of time and then advises both parties to come to a resolution of the dispute.

Mediation Procedure
  • Mediation requested by a patient or medical personnel

  • Mediation (possible to request arbitration while the mediation process is ongoing)

  • Agreement

  • Mediation results (identical to reconciliation in a trial)

  • Failure to establish mediation

Mediation Procedure steps

Arbitration

The involved parties agree on paper to ultimately adhere to the ruling ofthe medical arbitration agency. A request for arbitration can be submitted during a mediation process.

Arbitration Procedure
  • Agreement on arbitration

  • Apply for arbitration

  • Arbitration

  • Arbitration decision

* “Agreement on arbitration” refers to the settlement between the involved parties to follow the arbitration decision.

Arbitration steps

Legal Validity of Mediation and Arbitration
  • When writing the mediation documents, “mediation” holds the same effect as reconciliation in a trial as the mediation decision is assumed to be agreed or disagreed after the original copy of the mediation decision documents are sent to the involved parties.
  • This is the case even when mediation documents are written once an agreement is reached among the involved parties during the mediation process.
  • A decision on “arbitration” holds the same effect as a final ruling.
Medical Dispute Counseling Center at Korea Medical Dispute Mediation and Arbitration Agency

Operating a 24-hour call center

Interpreters for foreign patients and medical tour coordinators are available 24/7

+82-2-1670-2545 / +82-2-6210-0080