Mediation of conflicts in health management (medical, clinical and hospital): humanization of medical law

• Autor(a) principal: Nascimento, Dulce Maria Martins do
• Data de Publicação: 2020
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Cadernos Ibero-Americanos de Direito Sanitário (Online)
• Texto Completo: https://www.cadernos.prodisa.fiocruz.br/index.php/cadernos/article/view/605
• topic: Mediation. Cultural competency. Health services administration. Conflict of interest. Health rights and justice.; Mediación. Competencia Cultural. Administración de los Servicios de Salud. Conflicto de Intereses. Derecho a la salud.; Mediação. Competência cultural. Administração de serviços de saúde. Conflito de interesses. Direito à saúde.

Objective: to demonstrate that the conflict mediation process presents itself as an adequate response in the prevention, management and resolution of differences, where there are ongoing relationships and the interest in building effective, global and lasting solutions. Methodology: the present work is based on a bibliographic review and on the author's professional experience, through her interventions and practical experiences, with more than 5,000 hours of experience in mediation alone. Results: most of the conflicts between the different health subcultures - medical, nursing, administrative, patient and family relations, as well as, more recently, information technology and robotics in health - are directly related to different forms of work, authority and legitimacy, understood as divergent and mostly understood as incompatible and irreconcilable. Likewise, it is essential to know and incorporate consensual, voluntary and confidential dialogue and negotiation processes in the organization, such as mediation, facilitated by an impartial third party, with no decision or judgment power. It is confirmed the need for health leaders to know how to deal with the complexity of conflicts, which remain between the different subcultures. Organizations and managers who use consensual processes in a technical way enhance positive experiences, as well as improve quality indicators in the organizational social environment. Conclusion: it is expected that medical, clinical and hospital managers develop competences for the prevention, management and consensual resolution of conflicts, being necessary to develop and deepen the knowledge  of the mediation process.