Conflict – Page 9 – understand-culture

In dubio pro reo

In German conflict situations, such as criminal law, the general rule “in dubio pro reo” (when in doubt, for the accused) applies. During the examination of a conflict and in reconstruction of the facts, it is requird that the judiciary be extremely accurate.

This means among other things, that subjective evidence, such as taking testimonies on the basis of assumptions (even though they might be accurate), are not sufficient indications of the facts. This protects the German defendants from unlawful decisions.

However, this also means that even if the subjective evidence is convincing, the prosecutor does not have the right to use it, unless and until objective evidence (e.g. reviewed testimonies, video- or tape recordings, images) verifies it.

If the prosecutor is not able to find such evidence and tries to support his argument by using subjective testimony, he still carries the burden of proof.

Let’s take the example of a prosecutor whose house was graffitied. The prosecutor does not know with certainty that the graffiti was actually done by the defendant, but he has a strong subjective presumption since the defendant is a well-known graffiti artist in the neighborhood.

The prosecutor carries the burden of proof. Relying only on subjective reasoning will lead to the lawsuit being rejected due to lack of conclusiveness.

both sides

“Let’s hear both sides of the story.” Emphasizes the importance of considering all perspectives—objective facts and subjective witness accounts—before making a decision.

“The jury is still out.”

“The jury is still out.” Indicates that a decision hasn’t been made yet because all evidence and arguments are still being considered.

subject perspectives

American conflict resolvers actively solicit and listen to the experiences, emotions, and viewpoints of all parties involved. This includes witness testimony and personal accounts, which provide important context and help reveal underlying interests or motivations .

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.

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.

investigation and mediation

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.

Ultima ratio

German workers do not like to strike. It is considered the ultima ratio – weapon of last resort – used only when negotiations about wages and worker‘s rights have completely broken down.

In 2002, when the German government passed painful but necessary social and employment reforms, there were strikes in 938 companies. In 2000 there was not a single strike. 2001 saw only 48 strikes. A decade later, in 2011, there were 158. On average only three days a year are lost due to strikes in Germany.

Ultima ratio. Latin ultimus, the last, final, the furthest away. ratio: reason, reasonable thoughts; the last possible solution, the final remaining path out of a conflict.

Friedenspflicht. Literally peace obligation or obligation to keep the peace. When German employers and employees enter into wage negotiations they are obligated for the first ten days to refrain from strikes or lockouts.

The Friedenspflicht is anchored in §74 of the Betriebsverfassungsgesetzes, the law governing the relations between employers and employees:

The employer and the works council (a kind of white collar union) should meet at a minimum once per month in order to discuss potential conflicts and to propose in good faith recommendations on how to resolve them. The employer and the works council are obligated to refrain from methods of pressure – strikes, lockouts, etc. – which could disrupt company operations.

In 1923, during the politically unstable Weimar Republic, the Stresemann government passed laws requiring a mediator to resolve conflicts between employers and labor. Should companies and labor unions not come to agreement on wages and other benefits, the government had the power – and the obligation – to engage an arbitrator, whose decisions were legally binding.

German schools train both students and teachers to anticipate and prevent potential conflicts, as well as to mediate those which have been escalated.

The Prussian military instituted a rule informally called the Prussian Night, which obligated conflict parties to not escalate their problems within the first 24 hours of the conflict. Those in conflict should first „sleep over it“, then decide how to proceed.

Mediation Law

Germans prefer to resolve their conflicts without taking it to the courts, and with the help of a neutral, third party. The so-called mediation law permits these resolutions to be legally binding. Mediation reduces the workload of the courts and often leads to a resolution accepted by both conflict parties.

Mediation is a structured approach which guarantees that its proceedings do not become public. The conflict parties participate freely in the mediation process and are asked to seek resolution in good faith.

The mediator is a neutral and independent party, but has no power to force a resolution. The mediator guides the conflict parties to a resolution which they have formulated.

The mediation law also allows for ombudsmen, or neutral third party organizations, which also offer conflict resolution services. These include banks, insurance companies, the German rail system, scientific research organizations, local utility companies, real estate associations, legal organizations. The association of banks, for example, in 2011 resolved over 8,000 conflicts. The insurance association resolved just over 17,000 conflicts.

Tom Buchanan

In F. Scott Fitzgerald’s The Great Gatsby, Tom Buchanan’s confrontational business dealings reveal a willingness to negotiate aggressively, reflecting a broader American acceptance of price negotiation as a sign of power and influence.