Korea Patient Rights Guide

How is medical dispute arbitration different from mediation?

Published

Medical dispute arbitration in Korea is run by the same agency as mediation, but both sides agree in advance to accept the panel’s final decision, which then has the effect of a final judgment.

The key difference is the right to say no: in mediation each side can refuse the decision, in arbitration they have already agreed not to.

On this page

What is medical dispute arbitration?

A procedure in which both parties agree in writing to follow the mediation panel’s final decision and then apply to the agency (Art. 43(1)).

The Medical Dispute Mediation Act applies first and the Arbitration Act fills the gaps (Art. 43(4)). Korea Patient Rights Guide describes the rules only; whether arbitration suits a case is for the parties and their advisers.

Can you switch from mediation to arbitration?

Yes. Arbitration can be requested even while mediation is under way, and documents already submitted carry over (Art. 43(2)).

Who decides a medical dispute arbitration?

A panel of the agency. The parties may choose the panel; if they do not agree within 15 days, the default rules apply and the chair designates it (Art. 43(3); Enforcement Decree, Art. 17).

What is the legal effect of a medical dispute arbitration award?

The same effect as a final court judgment (Art. 44(1)). It can be challenged only under Article 36 of the Arbitration Act (Art. 44(2)).

How do medical dispute arbitration and mediation compare?

Both use the agency and the same fee table. They differ in how they start and whether you can refuse the result.

Mediation and arbitration at the agency compared
MediationArbitration
How it startsRespondent agrees within 14 days, or automatic startBoth sides agree in writing to follow the final decision
Can you refuse the result?Yes, within 15 days of serviceNo, the parties agreed in advance
Effect of the resultSame as a court settlement, once both accept (Art. 36)Same as a final judgment (Art. 44)
FeeAgency fee tableSame fee table

What else do people ask about medical dispute arbitration?

Can one side force arbitration?

No. Arbitration needs a written agreement of both parties (Art. 43(1)).

Is arbitration more expensive than mediation?

The agency uses the same fee table for both.

Can I appeal an arbitration award?

Only through the setting-aside procedure in Article 36 of the Arbitration Act.

Can I start with mediation and move to arbitration?

Yes, arbitration can be requested during mediation (Art. 43(2)).

Does Korea Patient Rights Guide recommend arbitration?

No. It describes the rules and leaves the choice to the parties.

Where do these numbers come from?

  1. Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes · Korea Law Information Center · Primary source
  2. Enforcement Decree of the Medical Dispute Mediation Act · Korea Law Information Center · Primary source
  3. Mediation and arbitration fees (fee table, reductions and refunds) · Korea Medical Dispute Mediation and Arbitration Agency · Primary source