Mediation in healthcare disputes: A tool for improving communication and quality of care
Autori:
Jasna Mesarić, Maroje Višić, Davor Vagić, Kristina Butorac Orlović, Antonija Balenović, Iva Lončarić Kelečić
Sažetak
Summary
This paper explores mediation as a modern, effective, and economical form of alternative dispute resolution in the Republic of Croatia. The study aims to analyze the legislative framework, principles, and practical application of mediation, with particular emphasis on its role in damages proceedings and within the healthcare system. Using a desk-based research approach, relevant legislation, professional literature, and practice from 2010 to 2025 were examined. The paper provides a detailed overview of the fundamental principles of mediation, including voluntariness, confidentiality, and impartiality, and compares its cost and duration with often lengthy and expensive court proceedings. Special attention is devoted to healthcare, where mediation is proposed as a key tool for resolving conflicts between patients and medical staff. The authors highlight that inadequate communication is frequently the primary trigger of malpractice claims, while empathy, apology, and dialogue in mediation may prevent escalation of disputes and restore damaged trust. The paper also examines damages proceedings in the insurance sector, where mediation enables faster settlement and helps preserve business reputation. In conclusion, the study confirms that mediation alleviates the burden on the judicial system and reduces financial
losses for the parties, and proposes guidelines to strengthen the implementation of this mechanism in Croatian hospitals to improve healthcare quality and interpersonal relations.