L’alternativa all’intervento del giudice nella risoluzione dei conflitti nel sistema sanitario: il caso dell’Italia

The alternative dispute resolution (ADR) has proven effective as a mechanism for the resolution of conflicts in many countries, which has led Italy to make its use mandatory in some areas, such as in the health sector. The application of conciliation - one of the ADR models - in this area is still at the beginning (although, over the last few years, there have been instances of implementation of this model both in some Italian regions and in specific professional areas): in fact the data are not good but it is worth noting that the success of conciliation will be greater if there are key conditions, namely a general belief in the suitability of these tools, a direct and indirect involvement of health bodies, the real intention of the parties to resolve the dispute. This holds true without mentioning, then, that the way/model of conciliation is much less expensive than legal proceedings, the first having - however - a purpose of “prevention” in relation to a defi nitive opposition between parties, the second having a “therapeutic” function against a “pathology” already arisen.