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
SUMMARY

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.

 
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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

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