“Air your grievances.” Encourages openly expressing complaints or accusations, typically in a forum where all parties are present.
“Tell it to my face.”
“Tell it to my face.” Demands that criticism or accusations be made directly, not behind someone’s back.
“Face the music.”
“Face the music.” Implies confronting criticism or accusations directly, rather than avoiding or deflecting them.
“Let’s clear the air.”
“Let’s clear the air.” Suggests addressing conflict or misunderstanding openly, often in a group or face-to-face setting.
Judge and Procedure
Role of the Judge and Procedure: In German civil litigation, the judge plays an active, guiding role during oral hearings, often steering the process to avoid escalation. The court can propose settlement discussions and, if mediation is chosen, the mediator may meet with parties separately or together, depending on what is deemed most constructive. This flexibility allows for the avoidance of direct, adversarial exchanges.
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 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.