Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Mediation and Mediation in Bioethics in Medical Sphere

Author(s): Volodymyr I. Bobryk, Svitlana S. Bychkova, Maryna S. Briukhovetska, Liudmyla V. Panova, Vitalii M. Makhinchuk

Purpose: The article is to identify the possibility of avoiding conflicts between health care providers and patients through mediation and mediation in bioethics. The Subject of the Study: The subject is the study is the features of mediation and mediation in bioethics on the example of some foreign countries. Methodology: The study used general scientific and special methods of legal science. Thus, the analysis and synthesis method as well as the logical methods were used to formulate a holistic view on mediation and bioethics, as well as to examine their features and peculiarities. The logical-semantic method helped to establish the meaning of the concepts of “mediation”, “bioethics”, “and mediation in bioethics”. The comparative and legal method was applied when analyzing the relevant legislation of Ukraine and some European States regulating the issue under consideration, as well as the views of the scholars on this scientific problem. The historical and legal method was useful in studying the history of the establishment of the term “bioethics”. Using the normative-dogmatic method, the content of regulations of domestic and foreign legislation governing the investigated issue was analyzed. The statistical and legal method was applied to study quantitative indicators and statistics of patients’ complaints about the actions of healthcare providers. The Results of the Study: As the result of the study it was proved that mediation makes it possible not to bring conflict in public (as in the case of justice), but to solve it in private. The advantages of mediation as a way of resolving medical conflicts were identified. Mediation in bioethics, in turn, helps patients or their family members to make difficult choices of appropriate treatment methods. The problems, which can prevent the application of mediation and mediation in bioethics in the medical sphere, were determined. Practical Implications: The necessity to introduce mediation in bioethics in Ukraine, which has been practiced in other countries for a long time, was proved. Value/Originality: The studied dynamic indicators of the number of complaints demonstrate the level of patient protection and inviolability of their rights in Ukraine. This requires standardizing the method of analyzing and interpreting patients’ complaints, as well as introducing mediation, which is characterized as a voluntary process whereby a mediator, who has no interest in the dispute, facilitates communication between the patient and the healthcare provider and helps to resolve their conflict peacefully.