With onset of globalization, increase in interdependence of medical communities of different states, enhancement of legal and general education of a patient, the lawsuits in the field of medical environment all over the civilized world undergo significant changes. Until recently, decisions on medical claims based on the law enforcement were considered the most civilized way to respond to the conflict, but nowadays the institution of court enforcement action is often untenable in the face of challenges, being natural extension of transformations occurring in the medical society. Settlement of conflicts in case of violation of professional ethics when providing medical assistance to patients, obtaining free and quality medical services, in events of default of conditions of a contract for paid provision of medical services, in violation of labor laws by an employee of a healthcare organization burden financial standing of the medical organization and affect its reputation. At the same time, the preference for pre-trial resolution of disputes in medicine contributes to rapid achievement of positive outcome in the conflict, entailing no specific financial costs by health organizations, and most importantly promotes a temporary opportunity to meet the requirements of a patient in relation to his or her health. So today the Healthcare of the Republic faces the challenge to resolve conflicts with the patients, their relatives as far as possible at the pre-trial stage, voluntarily meeting their demands. Implementation of this principle became possible through mediation, one of the techniques of alternative conflict resolution. On 28 January 2011, the President of the Republic of Kazakhstan signed the Law of Kazakhstan “On Mediation”, aimed at introduction of the institution of mediation as the alternative dispute resolution method in the country.

Within a new approach to deciding the issues related to claims of patient-health organization, in terms of mediation competencies, on 10-11 November in Astana by Eurasian Corporate University was held a seminar for the heads and deputy heads of healthcare organizations on the topic “Mediation in medical disputes”, attended by the Deputy Chief Doctor on internal audit of the Medical Center of KSMU, Professor of Department of Neurology T.T. Kispaeva.

During the seminar were raised the issues of resolving conflicts “patient - doctor” and “patient - health organization”, presented a legal and regulatory framework, through which will be further developed mediation systems in the medical field, announced the main directions of mediation introduction into healthcare of the Republic, and reflected the main provisions of mediation competencies of a modern manager of a healthcare organization.

The certificates were granted at the end of the seminar.

Thus, development of alternative instruments of dispute settlement in our country, including mediation, will be acknowledged by the world community as a major step towards becoming one of the most competitive countries in the world with prevailing civilized legal system.

T.T. Kispayeva