Conflict Resolution Archives - understand-culture

Willing to argue

The dictionary defines streitbar as follows: [constantly] prepared, having the will to, argue, with someone over something, to critically and activelydispute something; to fight for or about something, to take a stand for something or someone, a fighter; [older] prepared for battle; warrior-like, brave.

The adjective streitbar has a very positive connotation in the German language. In recalling famous persons one often reads the sentence Er war streitbar – he was streitbar.

Politicians are ever more frequently characterized as being streitbar. Streitbar does not mean that one seeks out conflicts in a negative sense. Rather, it means to stand up for ones beliefs, and not avoid serious confrontations.

Erbfeindschaft

The Germans have very low tolerance for conflict resolutions which declare clear winners and losers. Do Germans do their best to avoid open confrontation because the one or the other side wants to avoid being the loser, or because their sense of humility forbids them from being the declared winner?

A look into recent history might help us to understand why Germans avoid zero-sum mentality, preferring instead win-win situations.

The so-called German-French Erbfeindschaft – loosely translated as traditional or hereditary enmity or hostility – was a term used to define the wars between the two peoples going back to King Louis the XIV up until and including the Second World War.

The Germans won the Franco-Prussian War of 1870-71. The annexation of Elsass-Lothringen by Germany led to French desire for revenge.

The French are then on the winning side of the First World War. The Treaty of Versailles punishes Germany very harshly, making a lasting peace almost impossible. The Germans see it as political and military humiliation, which the National Socialists use to their advantage in the 1930s.

Then the Second World War. The Germans defeat and occupy France. But the Germans lose that war. But this time both sides have learned their lesson. They decide to integrate economically in order to end once and for all the so-called Erbfeindschaft. They choose cooperation over confrontation.

The Germans believe that a conflict is not resolved when one side loses and the other wins. A conflict is resolved when both sides accept the resolution.

“No!” to top-down

Although Germans are known to follow written laws and directives, they reject almost instinctively any and all top-down decisions, directives or commands where management has not involved them in their formulation.

Especially when it involves the details of their daily work, Germans are very sensitive to outside influences which limit their freedom of decision making and action. Germans at all levels reject top-down decisions, based on hierarchical authority and not on persuasive arguments.

“Good things need their time”

The German expression Gut Ding will Weile haben – good things need their time – states that things which are supposed to turn out good will need some time. This becomes clear especially when important decisions are to be addressed:

“Quality before speed: Merkel pulls the brakes at the introduction of new supervision of European banks.” (Handelsblatt 17.2.2015)

“The German Handball Federation President Bauer: “Quality comes before speed.“ (Lahner Zeitung 20.6.2014)

“NPD-Ban: Quality before speed.” (Hamburger Abendblatt 9.12.2011)

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.

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.

Schlichten

vermitteln. To reach agreement among enemies; intervene in a conflict, argument; enable communication between opposing parties; to bring about, to make happen; to bring those in disagreement together; to facilitate; to make a match, marriage, friendship; to help someone achieve a goal.

Diktat. Latin dictatum, from dictare. Dictation; to dictate, determine; a written command, order; to force something on another person, from the outside; dictator.

schlichten. Old High German slihten, to even out, smoothen; as a neutral party help resolve a problem, end a fight; to make a wooden or metal surface smooth, shiny; to make leather soft, pliable.

Holzhammermethode. Literally wooden hammer method; to try to accomplish something with force. Using a wooden hammer is a metaphor in Germany for taking an unsophisticated, rough, impatient approach to a sensitive matter.

Mediation Process

On the website of the German National Association of Mediation one reads:

“The mediator directs the mediation process in angemessener (appropriate, reasonable, adequate) way and considering the unique aspects of the case, including an imbalance of power between the conflict parties, the rule of law, as well as any particular needs and wishes of the two parties, including the need to resolve the conflict in a timely manner.”

The conflict parties may modify the mediation process in line with current rules or otherwise, in agreement with the moderator. The mediator may conduct separate hearings with the conflict parties if she or he deems this to be helpful.”

Detective Shows

The German fascination with investigations and the reconstruction of events is evident in the popularity of crime novels and detective series on television. The story is always about figuring out the facts behind a crime. The show ends with the apprehension of the criminal and a reconstruction of the crime.

The most popular of German detective show is Tatort, literally Crime Scene, which began in 1970, has produced over 800 episodes, and attracts between 7 and 11 million viewers per show.

Soko 5113 began in 1978 and has run 40 sets of episodes. Both series have led to popular spin-offs. On any given evening, on any given channel in Germany, a detective show is being broadcasted. Many are co-productions involving teams from Germany, Great Britain, the U.S. and Skandanavian countries.