German movies stand in contrast to the more adversarial and theatrical style of American legal dramas, instead illustrating the German cultural and procedural logic of managing conflict by minimizing direct confrontation and focusing on thorough, impartial investigation and mediation.
auf den Grund gehen
Den Dingen auf den Grund gehen. Translation: Get to the bottom of things. Meaning: Investigate thoroughly to understand the real reasons behind a conflict or problem.
heraufbeschwören
Anhörung. Hearing. A discussion open to the public in which subject area experts are asked their opinion; statements given by witnesses; a questioning of participants and or witnesses in a conflict.
Ursache. Cause; from the beginning, start, origin; the reason for a court proceeding; something which causes an event, a development; the immediate and actual cause; to investigate, identify, establish the cause; the law of cause and effect.
eindämmen. Containment; to control the flow of water via a dam; to influence or steer the direction of something; to limit the spread of something, wildfire, costs, crime; to limit another person‘s influence.
heraufbeschwören. To bring about a negative event or development; thoughtless provocation of something negative, destructive; to cause a danger, a conflict.
Verzögerte Anhörung. A delayed hearing. German mediators reserve the right to call a hearing with both conflict parties present, but at a later stage in the resolution process.
Verleumdung. To bear false witness against another person; to damage someone‘s honor by making an untrue accusation; to knowingly state a falsity about the other conflict party; lie, defamation.
The Broken Jug
Heinrich von Kleist – Der zerbrochne Krug (The Broken Jug, 1808). This classic play centers on a village court case in which a judge must determine who broke a jug belonging to a local woman. The entire plot revolves around the careful reconstruction of events, examination of evidence, and the search for truth through witness testimony and logical deduction. The play is a brilliant satire of the judicial process, but at its core, it exemplifies the German logic of conflict resolution: reconstructing causes, scrutinizing evidence, and striving for objective truth, even as human flaws complicate the process.
More Rules of Moderation
The Germans believe that moderation can succeed only if it makes clear to all parties involved that there will be no naming a winner and a loser.
Naming one side the loser is a guaranty that the conflict resolution will not hold, that the „losing party“ will seek to roll back, revise, reject the resolution. True acceptance, real stability, can be achieved only if both parties come away accepting a compromise.
Akzeptieren. Latin acceptare, to accept, take on, allow, approve, recognize; to come to agreement with someone; to accept an apology, a recommendation, an idea.
Vergangenheitsbewältigung
Postwar Trials and Vergangenheitsbewältigung (Coming to Terms with the Past). After World War II, Germany’s approach to dealing with Nazi crimes was grounded in the collection and presentation of objective evidence—such as documents, photographs, and testimonies—during the Nuremberg Trials and subsequent legal proceedings. This process set a precedent for addressing historical wrongdoing through meticulous reconstruction of facts and causes.
German Reunification
The reunification of East and West Germany is a landmark case of conflict resolution managed through careful negotiation, legal frameworks, and evidence-based policymaking. The process involved extensive documentation, transparent communication, and step-by-step integration of political, economic, and legal systems. While not mediated by a single agency, the approach relied on traditional German strengths: methodical problem-solving, inclusion of multiple stakeholders, and a commitment to transparency and rule of law.
Inspector Bärlach
Friedrich Dürrenmatt – Der Richter und sein Henker (The Judge and His Hangman, 1950). This crime novel follows Inspector Bärlach as he investigates the murder of a police officer. The story is a masterclass in methodical investigation, weighing of evidence, and unraveling of motives and circumstances. Dürrenmatt’s work reflects the German tradition of meticulously reconstructing events and motives to reach a just resolution.
Katharina Blum
Heinrich Böll – Die verlorene Ehre der Katharina Blum (The Lost Honor of Katharina Blum, 1974). This novel tells the story of a woman’s life being destroyed by tabloid journalism and public suspicion. The narrative is structured as a quasi-investigative report, presenting evidence, testimonies, and different perspectives to reconstruct the truth behind the scandal. Böll’s novel is a critique of media sensationalism but also a literary experiment in objective reporting and evidence-based narrative, mirroring the German mediator’s analytical approach.
Tischtuch zerschnitten
Der Tischtuch ist zerschnitten. The tablecloth has been ripped in two.
In the German context, to escalate a conflict within the team to the next management level is considered to be a sign of failure. Failure of the conflict parties to resolve their problem. Failure to at least come up with a proposed resolution which they can take to their team lead for her input, and perhaps her decision.
Escalation is the equivalent of going to court, of one party suing the other. For Germans, the severity of such a step just about rules out any chance that the two parties will be able to work together again. And regardless of how their German manager assists in the resolution, regardless of the outcome, she will view her two team members as having failed themselves, the team and her.