On 30 July 1999 the Federal Court of Justice set minimum standards for expert reports on whether a witness statement is credible. The expert first assumes that the statement is untrue. The court called this the Nullhypothese, the null hypothesis. The expert keeps to that assumption bis diese Negation mit den gesammelten Fakten nicht mehr vereinbar ist, until it can no longer be reconciled with the facts collected.
No Witnesses Are Heard
A German patient who suspects a treatment error can turn to the Gutachterkommission or Schlichtungsstelle of the medical associations. The procedure is free for patients and is conducted in writing. The board examines the treatment on the basis of the medical records and, as a rule, obtains an expert opinion. The rules in North Rhine are explicit. Eine Zeugen- oder Parteivernehmung findet nicht statt. No witness and no party is examined.
The result does not bind either side, and the way to court stays open. According to the German Medical Association, both sides accepted the decisions in more than 85 percent of cases, so that a court dispute was avoided.
Behind Closed Doors
hinter verschlossenen Türen — behind closed doors. At the cabinet retreat at Meseberg in March 2023, the news agency dpa wrote: Ausgeruhte Gespräche hinter verschlossener Tür scheinen nötig. Rested talks behind a closed door seem necessary.
hinter den Kulissen — behind the scenes. The same report recalled the early days of the coalition, als strittige Themen in erster Linie hinter den Kulissen ausgefochten wurden, when disputed topics were fought out mainly behind the scenes.
in Klausur gehen — to go into closed session. A Klausurtagung is a meeting closed to the public. The word comes from Latin clausura, closure. In German, Klausur also names the part of a monastery that outsiders may not enter.
The Soldier’s Mediator
A German soldier who feels personally offended can call a Vermittler, a mediator, before filing a formal complaint, if a friendly settlement seems possible. That is § 4 of the Military Complaints Regulation. The soldier chooses a fellow soldier he personally trusts. The direct superiors of either side may not mediate.
The mediator is to learn the facts in persönlichem Benehmen mit den Beteiligten, in personal contact with those involved, and to seek a settlement. Instead, the soldier can ask the other person for an Aussprache, a talk to clear the air, and the other must let him state his view. One form is ruled out entirely. Gemeinschaftliche Beschwerden sind unzulässig. Joint complaints are not allowed.
Strictly Confidential
Disputes over good research practice in Germany can go to the Ombudsgremium für die wissenschaftliche Integrität in Deutschland, the ombuds committee for research integrity. Its rules of procedure of January 2025 state: Alle an das Ombudsgremium gerichteten Anfragen und Verfahren werden streng vertraulich behandelt. All requests and procedures are treated strictly confidentially.
The committee acts as adviser and mediator, and it imposes no sanctions. It can hold Einzelgespräche, individual talks, as well as talks with the parties together. In 2016, under its earlier name, it explained why it insists on secrecy. Ohne die Sicherung absoluter Vertraulichkeit sind Ombudsverfahren nicht möglich. Without absolute confidentiality, ombuds procedures are not possible.
The Council of Elders
The Bundestag debates in public. When the parliamentary groups clash over the agenda, the dispute can go to the Ältestenrat, the council of elders. It can meet at once, and the plenary sitting is then interrupted. The Bundestag calls the council der Ort, an dem aufgetretene Streitigkeiten besprochen und geschlichtet werden, the place where disputes that have arisen are discussed and settled.
When it works to bring the groups to agreement, the council is kein Beschlussorgan, not a body that takes decisions. The Bundestag’s rules of procedure state that its sessions follow den Grundsatz der Vertraulichkeit, the principle of confidentiality.
The Coalition Committee
When the parties of a German governing coalition disagree on fundamental questions, they take the dispute to the Koalitionsausschuss, the coalition committee. It is an informal body. The Basic Law does not provide for it. German Wikipedia cites a study arguing that it suits conflict better than the cabinet, because the small group know each other and are verschwiegen, discreet.
In March 2023 the leaders of the SPD, the Greens and the FDP met in the Chancellery from Sunday to Tuesday, for about 30 hours net. Winfried Kretschmann, the Green premier of Baden-Württemberg, said that holding 19-hour sessions was indeed ein Zeichen von Führungsschwäche des Kanzlers, a sign of weak leadership by the chancellor.
Offender and Victim, One at a Time
The Täter-Opfer-Ausgleich, the offender-victim settlement, is a mediation between the offender and the victim of a crime. A leaflet of the Berlin justice service describes the order. Es werden zuerst Einzelgespräche mit den Beteiligten geführt. First, individual talks are held with those involved. A joint talk with the mediator may follow, unless a meeting seems impossible.
The North Rhine-Westphalia justice ministry adds that the joint talk takes place only if both sides agree. An NRW information sheet says that if a joint talk is not possible or not wanted, the mediator can hold further individual talks and pass the results on.
The Child Speaks to the Judge
In German custody cases, the judge must as a rule hear the child personally and form a personal impression of the child. Hearings in family matters are not public. The court may admit the public, but not against the will of a party.
The law leaves it to the judge whether the parents are present. In 2019 the Federal Constitutional Court raised no objection to the view of the Federal Court of Justice and legal commentators that their presence is regelmäßig nicht sachgerecht, as a rule not appropriate, because the child then cannot speak freely. In hearings on danger to a child, the court can also hold the discussion in the absence of one parent.
Quarrels on an Open Stage
Wer bei mir Führung bestellt, muss wissen, dass er sie dann auch bekommt. Whoever orders leadership from me must know that he will then get it. According to the taz, the line dates from 2009, when Olaf Scholz took over the quarreling Hamburg SPD.
In October 2022 Scholz, now chancellor, ended a dispute between the Greens and the FDP over nuclear plants with a formal instruction. The Green member of parliament Irene Mihalic said: Das zeugt nicht von großer Führungsstärke. That does not show great strength of leadership.
In March 2023 the CDU leader Friedrich Merz said that ministers argued auf offener Bühne, on an open stage. Der Bundeskanzler steht daneben und sagt nichts. The chancellor stands next to them and says nothing.