- 英文摘要
- Mediation concepts can be quite complex. Modern mediation has been
established since the 70’s in the USA. Since then, there are many
developments of different mediation skills. For better understanding of the
difference between different types of mediation skill, the author uses a
famous Chinese idiom story, a case of a young boy gave a large pear of the
two to his elder brother and its advance form with change of dispute item
and issue to explain how disputes may be treated differently in different
skills with these two cases. As for mixed type mediation skills, a medical
dispute case was used for explanation.
There are 3 types of mediation explained in section two, i.e.: tradition,
modern, and modern development-mixed type. Different modern mediation
skills had been postulated during its development. Various types of skill may
appear as pair in mediation. There are 7 skill types, namely: original modern
mediation, court annex mediation, bargain vs therapeutic, narrowing
problem-solving vs needs basis, narrowing problem solving vs
transformative, evaluative vs facilitative, and narrative type mediation.
Mixed type mediations currently include healthcare mediation from Japan
and caring style mediation in Taiwan. In section three, the author used
dispute cases to explain the difference between various skill type of
mediation, followed with section four, medical dispute case for mixed type
mediation. Then, caring style mediation was explained with its advantages
in four dimensions.
In summary, the author’s opinion is that mixed type mediation i.e.
caring style mediation in Taiwan is a suitable model for complex disputes
such as medical disputes. Furthermore, Taiwan’s caring style mediation can
be used in disputes other then the one involved in the medical cases or
healthcare institutes, hence is different from the healthcare mediation in
Japan that is applied only in the hospitals.
- 目次
- 壹、前言
一、調解與訴訟之基本著重點有別
二、調解之類型繁雜
三、制度上與制度外之調解
四、複雜型爭議需要何種技巧型態之調解
貳、調解之進展
一、傳統調解
二、現代調解
三、混合型調解
（一）日本醫療調解
（二）關懷式調解
參、不同調解技巧類型之差異
一、傳統調解
二、現代調解
（一）初期調解類型
（二）後續提出調解類型
三、小結
肆、適合解決複雜型爭議之調解模式
一、複雜型爭議－以醫療爭議案件為例
二、現有醫療爭議調解不足之處
（一）調解制度
（二）調解委員
（三）調解員知識技能與養成教育
三、日本醫療調解
（一）日本醫療調解之緣起
（二）混合四種類型調解之技巧原理
（三）單一調解技巧在混合類型爭議之實務運作
（四）作為我國借鑑之價值
四、關懷式調解
（一）與日本醫療調解之淵源
（二）與日本醫療調解之差別
（三）關懷式調解之運用
五、關懷式調解作為解決複雜型爭議調解優缺點
（一）運用於制度外調解
（二）運用於各個不同階段之制度上調解
（三）運用於回饋醫療安全與品質
（四）需具備完整體系、理念與教學系統
伍、結論
