German Mediation Act

Emphasis on Amicable Resolution: The German Mediation Act and civil procedure (§ 278 ZPO) encourage settlement at every stage, with mediators or conciliation judges empowered to use all appropriate methods—including separate interviews—to resolve disputes amicably.

German Mediator Training

Key Components of German Mediator Training

Duration and Structure: Training typically involves at least 130 hours of instruction over several months, often divided into modules. These modules cover both theoretical foundations and extensive practical exercises, including role-plays and supervised mediation cases.

Core Content Areas: communication techniques and conflict analysis, mediation process phases (from initial contact to final agreement); legal framework for mediation and enforceability of agreements; ethics, liability, and confidentiality; digital mediation and online communication skills; special topics such as diversity, workplace, and family mediation.

Practical Experience: trainees must complete several supervised mediations (currently five within three years after training) to qualify as a “certified mediator.” This ensures hands-on experience in real conflict situations.

Interdisciplinary Approach: trainers come from diverse backgrounds—law, psychology, business, and communication science—providing a broad perspective on conflict resolution.

Continuous Professional Development: certified mediators are required to participate in ongoing education and supervision to maintain their credentials, ensuring they stay current with best practices and new developments in the field.

Flexible and Modern Learning Formats: training can be completed in-person or online, with interactive elements such as digital whiteboards, podcasts, and online learning platforms supporting the curriculum.

Certification and Quality Assurance: he title “Certified Mediator” is protected by law and requires completion of a recognized training program, fulfillment of practical case requirements, and ongoing professional development.

Training programs are regularly updated to reflect new legal and technological developments, such as online mediation skills.

In summary, German mediator training is rigorous, interdisciplinary, and highly practical, combining legal, psychological, and communication expertise to ensure mediators are well-prepared to handle conflicts effectively and professionally.

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.

reserved procedural exchange

Der Fall Collini (The Collini Case, 2019): Based on a novel by Ferdinand von Schirach, this legal drama features courtroom scenes but places greater weight on private investigation, legal argumentation, and reserved procedural exchanges, rather than direct, heated confrontation between parties.

Luftwaffe officer

Ihr Urteil (Terror, 2016). This courtroom drama, adapted from a stage play, explores the trial of a Luftwaffe officer. While the film includes a trial, it is notably less theatrical and more procedural than American counterparts, emphasizing legal process over direct emotional confrontation.

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.

procedural not adversarial

In German crime and legal dramas, such as Tatort and the various SOKO franchises, investigations are typically methodical, with suspects and witnesses interviewed separately by police. The process is procedural and avoids dramatic, adversarial courtroom showdowns, focusing instead on careful fact-finding and structured dialogue.

These series collectively demonstrate the German cultural and procedural logic of minimizing direct confrontation in conflict resolution, aligning with the business practice of interviewing conflicting parties separately to reduce tension and facilitate resolution.

Max Weber

For the German thinker Max Weber bureaucracy was positive, modern, effective, efficient, just. 

German processes, and the way in which German colleagues live them, can come across to non-German colleagues as bureaucratic. 

But what if German processes possess the qualities that Weber described in bureaucracy?

The Family Lawyer

Die Familenanwältin (The Family Lawyer). This series follows lawyer Hanna Lorenz as she navigates both professional and personal upheaval. Within her law firm, Hanna and her colleagues often face conflicts and differing opinions on cases. The show highlights how the characters handle professional disagreements directly and objectively, while still supporting each other in personal matters.

merchant courts

Historical German legal traditions, such as trade and merchant courts in Imperial Germany, also favored conflict resolution through structured, procedural means rather than confrontational hearings, emphasizing mediation and separate interviews to manage disputes effectively.

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