Restorative Facilitator in Pre-Investigation Stage of Criminal Procedure in Medical Dispute
Restorative justice was first introduced for juvenile criminal case for the good of society as whole. Where both sides seek inner peace after criminal event through facilitator’s impartial help to communicate with each other to find an acceptable way of both sides to a restorative peaceful state. It is a form of mediation in nature, hence alternative dispute resolution (ADR), and is progressed from civil cases to criminal cases in about 1970 in USA and was called victim-offender mediation (VOM). The facilitator’s role and training are basic same as mediator emphasized in facilitative style mediation. The nature of different kinds of dispute decide what kind of mediation is better for that type of dispute. Where huge emotional involvement and / or preservation of future close relationship is key concerned same in family dispute and sometime even severer in medical dispute. The legal system of Taiwan is particularly prone to lead many medical dispute cases go through criminal procedure, hence big burden of prosecutor. In the end, those cases were dismissed by prosecutor, so notsatisfied for patient nor family, with frighten and frustration for physician. The facilitators can be of useful in advance stage thus pre-investigation stage, because their skill can help both patient and physician sides to solve emotional problem and have good and effective communication. As experience in other country showed good and effective communication resole dispute so that no prosecutor investigation or trail will be necessary in many cases.
|關鍵詞||促進者、修復式司法、偵查前階段、訴訟外解決機制、醫療爭議、facilitator、restorative justice、pre-investigation stage、alternative dispute resolution、medical dispute|
|DOI||10.3966/241553062017010003003 複製DOI DOI申請|