Kept among us

Unter vier Augen — under four eyes, meaning between two people.

Das bleibt unter uns — that stays among us.

Schmutzige Wäsche wäscht man nicht in der Öffentlichkeit — one does not wash dirty linen in public.

Der Flurfunk — corridor radio, the German word for office rumour, and it is what a public hearing is understood to feed.

The talking-out

Die Aussprache. A talking-out. The German word for the conversation in which a difficulty is worked through between the people involved. It is arranged, it is expected to take a while, and it happens without spectators.

The confidentiality duty

Verschwiegenheitspflicht. German works council members, company officers and many employees are under statutory confidentiality duties covering internal matters. A conflict cannot be resolved by making it public, because making it public is itself a breach.

The closed session

Die nichtöffentliche Sitzung. German works council meetings are held in private by statute, and the duty of confidentiality binds the members afterwards. The law removes the audience before the discussion begins.

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.

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.”

Fritz Bauer

The People vs. Fritz Bauer (Der Staat gegen Fritz Bauer, 2015): The story of prosecutor Fritz Bauer’s pursuit of Nazi war criminals is told through behind-the-scenes investigation and confidential meetings. The film avoids sensational public hearings, instead focusing on indirect channels and private discussions to resolve conflict and build cases, mirroring the German preference for reducing tension through separation and structure.

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