Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 497-513 |
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Ghassemzadeh Liyassi F, Abbasi M. Evaluation of the Application of
Arbitration and Mediation in Medical Disputes. MLJ 2026; 20 (61) :497-513
URL: http://ijmedicallaw.ir/article-1-2046-en.html
URL: http://ijmedicallaw.ir/article-1-2046-en.html
1- Department of Medical Law, Faculty of Law, University of Science and Culture, Thehran, Iran.
2- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran.
2- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran.
Abstract:
Background and Aim: Advances in human knowledge and modern technologies, although providing a foundation for the development and optimal delivery of healthcare services and significantly improving treatment quality, have, with the rapid exchange of information and facilitated access to data in the emerging cyber world - particularly life within social networks - and consequently the increasing public awareness and expectations, alongside the complexities of treatment processes, led to a growing number of lawsuits against physicians. Therefore, various legal systems have sought to enact specific regulations that distinguish these cases from general lawsuits, aiming not only to protect the interests of the parties involved but also to strengthen trust in the healthcare system and enhance the overall health system. This study aims to identify efficient and effective methods for resolving medical disputes, clarifying the advantages and potential challenges of arbitration and mediation in handling medical claims.
Method: This research was conducted using a descriptive-analytical approach. Data were collected through library research and online searches.
Ethical Considerations: Honesty, integrity and intellectual property rights were strictly observed in the preparation of this study.
Results: The nature of medical claims and the unique complexities of medical malpractice cases necessitate the revision and modernization of laws, both procedural and substantive.
Conclusion: By enacting coherent, effective and up-to-date legislation in the medical field and systematizing the application of extrajudicial methods such as arbitration and mediation in line with the principles of justice and fairness, it is possible to resolve disputes fairly, quickly, cost-effectively and efficiently - outside the adversarial environment of the traditional judicial system - thus preventing potential crises in the healthcare system.
Please cite this article as:
Ghassemzadeh Liyassi F, Abbasi M. Evaluation of the Application of Arbitration and Mediation in Medical Disputes. Medical Law Journal. 2026; 20: e33.
Method: This research was conducted using a descriptive-analytical approach. Data were collected through library research and online searches.
Ethical Considerations: Honesty, integrity and intellectual property rights were strictly observed in the preparation of this study.
Results: The nature of medical claims and the unique complexities of medical malpractice cases necessitate the revision and modernization of laws, both procedural and substantive.
Conclusion: By enacting coherent, effective and up-to-date legislation in the medical field and systematizing the application of extrajudicial methods such as arbitration and mediation in line with the principles of justice and fairness, it is possible to resolve disputes fairly, quickly, cost-effectively and efficiently - outside the adversarial environment of the traditional judicial system - thus preventing potential crises in the healthcare system.
Please cite this article as:
Ghassemzadeh Liyassi F, Abbasi M. Evaluation of the Application of Arbitration and Mediation in Medical Disputes. Medical Law Journal. 2026; 20: e33.
Type of Study: Original Article |
Received: 2025/10/4 | Accepted: 2026/03/2
Received: 2025/10/4 | Accepted: 2026/03/2
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