Restorative Justice and Medical Services in Bangkok Metropolitan During COVID-19 Outbreak (2563 - 2564 B.E.)

Abstract

This descriptive study aims to study the characteristics of conflict and forms of conflict management which have not entered the main juridical process. It was studied by the data of tertiary care units in Bangkok and vicinities during the time of COVID-19 epidemics which also suggest the impact and the development of restorative justice application. Primary data was collected from hospitals’ conflict management unit through questionnaires. Secondly, in-depth interviews were conducted with clients who had experienced in medical disputes, conflict administrators, and mediators.

Of 19 surveys from the hospitals, indicated that providing inappropriate information and communication problems were the most conflict-related reasons (71.5 percent). It was also found that only a small portion of mediators have been trained in a formal mediation or conflict management study (12.2 percent). None of them were familiar with the concept of restorative justice. Moreover, in-depth interview revealed that the conflicts were mainly associated with clients’ doubt about the service, which caused damages and the pitfalls of communication, or service providers’ attitude. Lacking decision power, insincere and impartial mediation, unsympathetic service provider, and mismatched form of remedies, should be considered in conflict management. In line with the successful settlement of the conflict, complainants receive sufficient remedies, successful and consistent communication is provided. Therefore, executives should participate in conflict management, focus on workload, promote skills training for mediators and application with the principle of restorative justice, which focuses on healing damage and forgiveness, could successfully resolve conflicts.