Conflict – Page 10 – understand-culture

Schlichten

vermitteln. To reach agreement among enemies; intervene in a conflict, argument; enable communication between opposing parties; to bring about, to make happen; to bring those in disagreement together; to facilitate; to make a match, marriage, friendship; to help someone achieve a goal.

Diktat. Latin dictatum, from dictare. Dictation; to dictate, determine; a written command, order; to force something on another person, from the outside; dictator.

schlichten. Old High German slihten, to even out, smoothen; as a neutral party help resolve a problem, end a fight; to make a wooden or metal surface smooth, shiny; to make leather soft, pliable.

Holzhammermethode. Literally wooden hammer method; to try to accomplish something with force. Using a wooden hammer is a metaphor in Germany for taking an unsophisticated, rough, impatient approach to a sensitive matter.

Mediation Process

On the website of the German National Association of Mediation one reads:

“The mediator directs the mediation process in angemessener (appropriate, reasonable, adequate) way and considering the unique aspects of the case, including an imbalance of power between the conflict parties, the rule of law, as well as any particular needs and wishes of the two parties, including the need to resolve the conflict in a timely manner.”

The conflict parties may modify the mediation process in line with current rules or otherwise, in agreement with the moderator. The mediator may conduct separate hearings with the conflict parties if she or he deems this to be helpful.”

Ultima ratio

German workers do not like to strike. It is considered the ultima ratio – weapon of last resort – used only when negotiations about wages and worker‘s rights have completely broken down.

In 2002, when the German government passed painful but necessary social and employment reforms, there were strikes in 938 companies. In 2000 there was not a single strike. 2001 saw only 48 strikes. A decade later, in 2011, there were 158. On average only three days a year are lost due to strikes in Germany.

Ultima ratio. Latin ultimus, the last, final, the furthest away. ratio: reason, reasonable thoughts; the last possible solution, the final remaining path out of a conflict.

Friedenspflicht. Literally peace obligation or obligation to keep the peace. When German employers and employees enter into wage negotiations they are obligated for the first ten days to refrain from strikes or lockouts.

The Friedenspflicht is anchored in §74 of the Betriebsverfassungsgesetzes, the law governing the relations between employers and employees:

The employer and the works council (a kind of white collar union) should meet at a minimum once per month in order to discuss potential conflicts and to propose in good faith recommendations on how to resolve them. The employer and the works council are obligated to refrain from methods of pressure – strikes, lockouts, etc. – which could disrupt company operations.

In 1923, during the politically unstable Weimar Republic, the Stresemann government passed laws requiring a mediator to resolve conflicts between employers and labor. Should companies and labor unions not come to agreement on wages and other benefits, the government had the power – and the obligation – to engage an arbitrator, whose decisions were legally binding.

German schools train both students and teachers to anticipate and prevent potential conflicts, as well as to mediate those which have been escalated.

The Prussian military instituted a rule informally called the Prussian Night, which obligated conflict parties to not escalate their problems within the first 24 hours of the conflict. Those in conflict should first „sleep over it“, then decide how to proceed.

Mediation Law

Germans prefer to resolve their conflicts without taking it to the courts, and with the help of a neutral, third party. The so-called mediation law permits these resolutions to be legally binding. Mediation reduces the workload of the courts and often leads to a resolution accepted by both conflict parties.

Mediation is a structured approach which guarantees that its proceedings do not become public. The conflict parties participate freely in the mediation process and are asked to seek resolution in good faith.

The mediator is a neutral and independent party, but has no power to force a resolution. The mediator guides the conflict parties to a resolution which they have formulated.

The mediation law also allows for ombudsmen, or neutral third party organizations, which also offer conflict resolution services. These include banks, insurance companies, the German rail system, scientific research organizations, local utility companies, real estate associations, legal organizations. The association of banks, for example, in 2011 resolved over 8,000 conflicts. The insurance association resolved just over 17,000 conflicts.

Detective Shows

The German fascination with investigations and the reconstruction of events is evident in the popularity of crime novels and detective series on television. The story is always about figuring out the facts behind a crime. The show ends with the apprehension of the criminal and a reconstruction of the crime.

The most popular of German detective show is Tatort, literally Crime Scene, which began in 1970, has produced over 800 episodes, and attracts between 7 and 11 million viewers per show.

Soko 5113 began in 1978 and has run 40 sets of episodes. Both series have led to popular spin-offs. On any given evening, on any given channel in Germany, a detective show is being broadcasted. Many are co-productions involving teams from Germany, Great Britain, the U.S. and Skandanavian countries.

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.

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.

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.

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.