# How is medical dispute arbitration different from mediation?

> 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.

Written by the Korea Patient Rights Guide editorial team on October 22, 2026. Canonical address: https://kpatientrights.org/articles/arbitration.

## 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**

|  | Mediation | Arbitration |
| --- | --- | --- |
| How it starts | Respondent agrees within 14 days, or automatic start | Both sides agree in writing to follow the final decision |
| Can you refuse the result? | Yes, within 15 days of service | No, the parties agreed in advance |
| Effect of the result | Same as a court settlement, once both accept (Art. 36) | Same as a final judgment (Art. 44) |
| Fee | Agency fee table | Same 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.

## What should you read next?

- [How does medical dispute mediation work in Korea?](https://kpatientrights.org/articles/mediation-procedure)
- [Mediation, arbitration or a lawsuit: what is the difference?](https://kpatientrights.org/articles/mediation-or-lawsuit)
- [Korea medical dispute mediation statistics](https://kpatientrights.org/statistics/annual-overview)
- [Medical dispute mediation timeline and fee calculator](https://kpatientrights.org/tools/dispute-timeline)

## Where do these numbers come from?

- [Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes](https://www.law.go.kr/법령/의료사고피해구제및의료분쟁조정등에관한법률) - Korea Law Information Center
- [Enforcement Decree of the Medical Dispute Mediation Act](https://www.law.go.kr/법령/의료사고피해구제및의료분쟁조정등에관한법률시행령) - Korea Law Information Center
- [Mediation and arbitration fees (fee table, reductions and refunds)](https://www.k-medi.or.kr/web/lay1/S1T132C157/contents.do) - Korea Medical Dispute Mediation and Arbitration Agency