Conflict Resolution Archives - Page 2 of 5

Rules of Mediation

The first rule is that the conflict resolution process is not the equivalent of a court case. The goal is not to judge either of the conflict parties, but to jointly find a solution to the problem.

Goodwill. It is expected of all parties involved that they act in good faith and are willing to compromise. The mediator should do no more than guide the discussion and help the conflict parties to recognize common ground. The conflict parties are asked to find a solution together. Only when that cannot be achieved, is the moderator expected to make concrete suggestions.

The mediator. Germans expect the moderator to be neutral, to listen patiently to both sides of the conflict, and to support the resolution process in a way which does not damage either party. Neither blame nor guilt should be attributed to either of the conflict parties. Instead, the mediator focuses on reconstructing events and describing the problem.

Heiner Geissler, a former high-ranking member of the Christian Democratic Party, is the most prominent of German mediator. Geißler has been brought in numerous times since 1997 to help resolve conflicts between companies and unions. He was in the national spotlight over the last few years in his attempt to help resolve a major political conflict in the state of Baden-Württemberg concerning a the reconstruction of the Stuttgart main train station.

Rekonstruktion

Rekonstruktion. Reconstruction. To rebuild; to explain an event, situation, thing as it once was; a work of art, music, literature, a physical thing such as a building or the behavior of people, an historical development.

Sich ein eigenes Bild von etwas machen. Literally to make for oneself a picture of something; to look at something with one‘s own eyes; to inform oneself at the scene.

Wahrheit. Truth; as it is, was; what is true, is lasting; what was truly the case, what is accurate.

Umstand. That which is present, literally standing around; what was present and influenced an event; contextual factors; an important, critical factor or influence.

Einordnen. To put into order, to fit in; to put in place within a system; to judge; to fit into an existing pattern or set-up; to size someone up, to get a read on.

Beweismaterial. Evidence; information relevant to a court case; to gather, secure, proof, destroy, hide evidence.

Schlichter

The process of Schlichtung – arbitration, mediation, conciliation – is a bit different in every case. To get a sense for the process it is helpful to take a look at the Mediationsgesetz – mediation law, for there is actually a law in Germany supporting out-of-court arbitration.

The law states clearly that the Schlichter takes a neutral position during the mediation. She or he is to lead the conflict parties to a consensual (both agree freely) resolution of the conflict, so as to avoid the need for a court case.

The Schlichter speaks with each party separately in order to reconstruct the conflict as objectively as possible. But what does “objective” actually mean? The mediation law does not answer that question. It is the job of the Schlichter, typically via a long process, to find the truth.

The one conflict party tries to prove the guilt of the other party. That party, in turn, does their best to prove lack of guilt. The mediator does her best to get as objective a picture of the situation as possible.

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.

Patience of an Angel

That Germans avoid rushing into action is imbedded in many of their figures of speech. They communicate the advantages of being patient, and the disadvantages of hastiness and pseudo-solutions to problems.

“Geduld bringt Rosen” – patience brings roses. “Gut Ding will Weile haben” – good things need time. Patience in the German language is often seen as a superhuman trait.

Chancellor Angela Merkel. 2019. Press conference. European Union Summit in Brussels postponed. 0:38 Gut Ding will Weile haben.

Germans speak of Engelsgeduld – the patience of an angel. “Geduld ist eine Tugend” – patience is a virtue.

Even when Germans have to move fast, when they know that they need to “hurry up”, they say “Eile mit Weile!” Eile is speed, rush, hastiness. Weile is stay, linger, dwell. Meaning something like “Hurry up, but take your time doing it.

Hasty

Überstürzen. To act impatiently; in haste, without thinking it through; to decide, act, react too quickly; a situation develops too quickly to react to; rapid developments.

Hastig. Hasty, due to impatience; lack of grounding, emotionally excited; in a hurried manner steps, breathing, movements, thoughts.

Holzweg. Literally wooden path. Middle High German holzwec, path in the forest where cut wood is transported; wrong path, path in the wrong direction; to misunderstand a situation, to think wrongly, to err in thinking.

Vertagen. To postpone; to push off to another day; to extend a decision, an event.

Vertuschen. To hide, cover up; to mask something unfortunate, embarrassing or incriminating.

Symptome. Latin symptoma, Greek sýmptōma, temporary characteristic, coincidental event; in medicine an indication of an illness; an observable trait or sign of something negative.

Nachhaltig. Sustained, sustainable, an effect which is lasting, of duration, of influence and importance; to make a sustained impression; to exert influence in a sustained way.

Etwas über das Knie brechen. Literally to break something over the knee. To do something out of haste, without reflection, to force something.

Gut Ding will Weile haben. Literally good things demand patience.

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.

„Streit vom Zaun brechen“

Streit vom Zaun brechen. To let a conflict get out of control. Germans prefer to hide their internal conflicts for as long as possible. Conficts attract attention and curiosity. They force the conflict parties to take a stand, to explain the problem.

This, in turn, offers management and related organizations an opportunity to get involved, to exert influence on the conflict parties, thereby reducing their ability to address the problem alone and independent of outside influence.

Germans, therefore, try their best to avoid escalating a conflict to the next management level. The side which chooses to do so is viewed as impulsive and thoughtless. Germans would rather give in a bit in order to reduce tensions than to strike back. Avoiding open conflict is seen as intelligent, restrained and prudent. Conflict is for the unsophisticated.

Der Klügere gibt nach. To be willing to compromise instead of insisting on being right; to see the other side‘s point of view as valid; to take the hit in order to reduce the tension.

Das Feuer schüren. Literally to stoke the flames. To provoke; to start a fight; to turn a difference of opinion into an open conflict; to whip up the emotions.

Germans want to be responsible for their work and to perform it independently. They want their work to be clearly defined and distinguishable from the work of their colleagues. Germans do not feel comfortable with having to explain or justify how they complete their tasks.

Every form of supervision or monitoring is a sign of mistrust. Escalating a conflict is risky, therefore, for it invites a third party, typically the next level of management, to take a closer look into how the conflict parties actually do their work. This makes them vulnerable to outside influences on how they work.

Autonomy. Greek autonomía. Independence, self-governance. From autos, selbst und nomos, law. To be responsible for oneself, self-determination, self-reliance, decision making freedom.

Peinlich

Konflikt. Conflict. Latin conflictus. Collision, hitting, crashing together; a difficult situation caused by opposing opinions; to go against something, to argue, battle, fight with another.

Streit. Argument. Old High German strīt. To go against, uproar, to argue against each other vociferously; to bicker, to argue loudly, emotionally, intensely, including physical attacks. A term used in the past for battle, military confrontation. To arm yourself for a Streit.

Auseinandersetzung. To address an issue at length; discuss, debate, argue; sharp, bitter verbal confrontation; conflict between peoples fought militarily.

Peinlich. Embarrassing. From Middle High German pīnlich. Painful, from pein, pain; Latin poena, punishment; feeling of discomfort, unease, shame.

Überspielen. To hide something negative, cover up; to distract from an embarrassment; to refer to a negative situation with humour so as to mask it.

Petzen. To „rat on“ another person. Germans team members are very reluctant to go to their team lead in order to inform about a problem or another team member‘s poor work.

Denunzieren. To denounce. To go to an authority in order to provide negative or incriminating information about another person. To be an informant.

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.