Postępowanie mediacyjne w ramach odpowiedzialności zawodowej lekarzy
Mediatorial proceedings within the scope of professional liability of physicians

Summary/Abstract: Throughout the 1970s a number of countries had begun exploring the range of possibilities aimed at solving conflicts and reacting to crime in a way different than by inflicting a punishment. The interests and the standpoint of the harmed person – who was to obtain compensation for the wrong done – were taken into consideration. The wrongdoer could expect – in return – a penalty of milder kind or even renouncement of inflicting a punishment. Thus the conclusion of a conflict increasingly depended on the agreement between the offender and the harmed person. The institution of mediation offered such possibilities. It is, however, associated with a multitude of issues, such as: burdening of the courts with an excessive number of cases, exorbitant costs and protraction of proceedings at law. Mediation as a form of solving conflicts is beneficial both to the harmed person and to the defendant, for it creates a safe space to carry on talks, express own emotions, expectations, feelings, &c. The arguments of the parties to the dispute may be expressed, and its causes identified and examined. The article focuses on this theme while pointing at ways of applying the institution discussed in proceedings at medical courts.

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