MEDIATION IN MEDICAL DISPUTES AS AN ELEMENT OF PREVENTING IATROGENIC CRIME: LEGAL CONDITIONS FOR ITS APPLICATION WITHIN THE COMPULSORY MEDICAL INSURANCE SYSTEM, FOREIGN MODELS, AND PROSPECTS
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Author(s): | Gabay P. G., |
| Number of journal: | 3(76) | Date: | September 2026 |
| Annotation: | The article examines the role of the institution of mediation in resolving conflicts between patients and medical organizations. The relevance of the topic stems from the significant rise in conflict intensity in the healthcare sector. The growth of disputes between patients and medical organizations, as well as the considerable number of criminal cases against medical professionals, places substantial pressure on the functioning of the judicial system, contributes to delays in case proceedings, exacerbates mutual distrust between patients and medical staff, and promotes burnout among medical professionals and their withdrawal from the profession. The study identifies the legal constraints on the use of mediation in medical disputes in Russia, primarily in the largest segment – the compulsory medical insurance system – and provides a comparative analysis of foreign models of pre-trial settlement of medical disputes. The purpose of the study is to develop recommendations for improving the system of conflict resolution in healthcare and reducing the incidence of iatrogenic crimes. The study concludes that mediation in healthcare may be regarded not only as an alternative dispute resolution mechanism but also as an element of a system for the prevention and deterrence of iatrogenic crime, aimed at the early resolution of conflicts between patients and medical professionals, as well as medical organizations, the identification of deficiencies in medical care, and the reduction of criminogenic tension. For the Russian legal system, the most appropriate approach seems to be a synthesis of the continental and Asian models of mediation, subject to certain adaptations. Recommendations have been developed for the prompt integration of mediation procedures into the healthcare system of the Russian Federation. | ||
| Keywords: | iatrogenic crimes, criminal liability, crime prevention, mediation, pre-trial dispute settlement, conflicts in healthcare, quality of medical care, medical errors, liability of the medical professional, alternative dispute resolution |
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| For citation: | Gabay P. G. Mediation in medical disputes as an element of preventing iatrogenic crime: legal conditions for its application within the compulsory medical insurance system, foreign models, and prospects. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2026;3(76):161—168. DOI: 10.25683/VOLBI.2026.76.1718. |
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