Settlement

The overwhelming majority of American civil lawsuits end in settlement rather than judgment, and courts actively encourage it — mandatory settlement conferences, court-annexed mediation, judicial pressure to resolve. The trial is the mechanism of last resort, and the system is designed to avoid reaching it.

Plea bargaining

Roughly 97 percent of federal criminal convictions in the United States are obtained by guilty plea rather than trial, and the state figure is not far behind. In 2022, 2.3 percent of federal defendants went to trial.

The constitutional right to a jury is exercised in a small fraction of cases. The American criminal justice system, as it actually operates, is a negotiation system.

Zuverlässigkeit

The German term Zuverlässigkeit conveys the concept of reliability; ability to count on what has been promised. It is culturally significant because seen as a core personal and professional value in Germany.

Vorlaufzeit

The German term Vorlaufzeit conveys the concept of lead time; sufficient advanced notice before a decision or action. It is culturally significant because Germans expect early information in order to prepare thoroughly.

Begründungspflicht

The German term Begründungspflicht conveys the concept of duty to justify; you must explain why you accept or reject something in a negotiation. It is culturally significant because subjective feelings or preferences are not valid justifications.

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