Germany – Page 6 – understand-culture

The quiet guy in the basement

Tom Scholz. MIT graduate. Engineer. Focused on his craft. Uninterested in money or fame or music labels. Taught himself how to play the electrical guitar. Scholz. An American. Of German descent.

YouTube comments:

“I was 16 and (fortunately) working at a local record store on release day for the first album. The boss / owner and I unboxed all the new releases and put them on the hit wall before opening. We maybe got 30 copies. I thought the cover was pretty intriguing so cracked the album for some in store play. We stopped what we were doing and listened to the whole album play through just looking at each other in amazement. Still remember what he said: “Every damn song is a hit.” He placed an order for at least 60 more before we even opened the store. The album stayed in play all day and …every customer that came in that morning bought a copy. Never saw anything like it, before or since.”

“I’m 61 and remember hearing “More Than a Feeling” sitting in the back seat of our station wagon while heading to Atlanta from my home in south Georgia. When we got back home a few days later, I gathered my savings from working in the fields and caught a ride with my sister to a local record store. I bought the album and still have it to this day. I was floored after putting it on my dad’s big stereo. I read the back cover over and over as I re-played the album several times straight through some massive earphones. I’ll never forget that glorious day. Thanks, Tom!”

“I’m 64 and I can remember the first time I heard the debut Boston album like it was yesterday. I was 16, in another town playing hockey. My buddy were walking around and saw a cool looking long haired dude setting up 4 house speakers on his lawn. More Than a Feeling started and I was mesmerized. The sound, the guitars, were like nothing I had ever heard. Still get goosebumps from this record. A true masterpiece from a Master.”

“A good friend of mine met Tom when they came through Spokane in ’77 or ’78. My friend was working as a bellhop/waiter at the new Sheraton hotel, Boston was in town for a concert. My buddy knew they were staying at the hotel, and when he delivered room service up to Tom’s room, he brought his copy of that first Boston album up to the room with him. Got all the signatures (as I recall) on the album. I was jealous a bit, but happy for him.”

in-court mediation

Mediation Models: There are several models of in-court mediation, including integration (mediator is a judge from the same court but not involved in the case), extension (mediator from another court), and outsourcing (external lawyer as mediator). All these models are designed to ensure impartiality and reduce the risk of direct confrontation, often involving separate interviews or caucuses with each party.

caucuses

Separate Interviews and Flexibility: Mediation sessions in Germany can involve joint meetings but also frequently include separate discussions (so-called “caucuses”) with each party. This allows the mediator to address sensitive issues privately, minimize escalation, and help parties express concerns without direct confrontation . The process is tailored to the needs of the parties, and mediators are trained to manage dynamics that could increase tension if parties were forced into direct, head-to-head exchanges .

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.