The progressive spread of ADR: the example of the health sector

• Author: De Angelis, M.
• Position: Dipartimento di Scienze sociali, Facoltà di Economia G. Fuà, Università Politecnica Marche, Ancona, Italy
• Pages: 93-102

Bulletin of the Transilvania University of Braşov • Vol. 4 (53) •No. 1 - 2011

Series VII: Social Sciences • Law

THE PROGRESSIVE SPREAD OF ADR:

THE EXAMPLE OF THE HEALTH SECTOR

Monica DE ANGELIS1

Abstract: The instrument of mediation is a growing phenomenon. The EU

legislation leaves the individual states the definition, articulation and

differentiation of the various types of alternative dispute resolution. In Italy

the mediation procedure in the health sector has still to be invented since at

the moment.

Key words: alternative dispute resolution, conciliation, mediation, health

sector.

1 Dipartimento di Scienze sociali, Facoltà di Economia G. Fuà, Universit à Politecnica Marche, Ancona, Italy

1. Introduction: the varied landscape of

alternative methods of dispute

resolution

In an increasingly globalized world,

where social and economic dynamics are

far more complex, the ability to resolve

conflicts is probably an index in weighing

the civic profile of a society. If there are

multiple possibilities to solve conflicts

peacefully, with the satisfaction of the

contenders, in a short time and using

simplified procedures, the depth of the

society will undoubtedly be stronger: then

reconcile and/or mediate words sound like

watch words in the presence of conflicting

positions.

In recent years the activities of mediation

(in Italy traditionally defined

“conciliation”) has increased (almost)

exponentially. It often seems to constitute

a real service to the user, who sees their

needs for justice better met in the face of a

dispute with a business operator.

The increase in the use of the instrument

of mediation, however, is a growing

phenomenon that sees all (the activity of)

out-of-court settlement of disputes, an

explicable development - according to

many - especially because of the

malfunctions of the most traditional way of

doing justice [1]. Speaking of out-of-court

settlement of conflicts and, more generally,

alternative dispute resolution (ADR)

means, basically, to refer to a number of

alternative methods of dispute resolution,

both judicial and extrajudicial, based on

the lowest common denominator to replace

the pronouncement of an organ with legal

agreements between the parties in conflict

containing satisfactory solutions for all the

contenders.

It should be noted immediately that all

the types of ADR are not immediately

identifiable, because the phenomenon is

varied: there are mixed forms,

characterized by the fact that they basically

aim at the resolution of conflicts, and -

above all - are focused on the power

recognised by the parties to deal with own

disputes. These forms often occur in an

informal, simple, flexible and fast way and

are intended to favour access to justice.

They are not really alternatives but rather

complementary to justice being carried out

in the traditional way [2]. For example,

conciliation and arbitration both fall in

ADR methods, but are quite different. It

would be better then to associate the