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.
hearing
Willing to argue
The dictionary defines streitbar as follows: [constantly] prepared, having the will to, argue, with someone over something, to critically and activelydispute something; to fight for or about something, to take a stand for something or someone, a fighter; [older] prepared for battle; warrior-like, brave.
The adjective streitbar has a very positive connotation in the German language. In recalling famous persons one often reads the sentence Er war streitbar – he was streitbar.
Politicians are ever more frequently characterized as being streitbar. Streitbar does not mean that one seeks out conflicts in a negative sense. Rather, it means to stand up for ones beliefs, and not avoid serious confrontations.
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.
Chicago Seven
The Trial of the Chicago Seven (1969–1970): This trial of anti-Vietnam War protesters was notable for its highly public, contentious hearings, with defendants, prosecutors, and witnesses confronting each other in court. The proceedings were widely covered and became a symbol of open, adversarial justice in the U.S..
Separate Hearings
German managers are trained to hold separate hearings with the conflict parties. The initial goal is to establish the root cause of the problem and to guage the intensity of the conflict. The German approach avoids a hearing involving both parties. Student mediators in German schools are taught the same method.
A hearing with both conflict parties present almost always leads to an escalation of tension. Emotions run high. Accusations and counter-accusations are made, often without any basis in fact. The mediator can quickly lose control of the situation.
That kind of a hearing only giesst Öl ins Feuer, literally pours oil into the fire; provoke another person; to push a difference of opinions into an open conflict.
The German term Herrschaftswissen, roughly translated as domination or control via better information, in the sense of knowledge is power, has a negative connotation. It signifies power of one over another based on the former‘s access to critical information.
German mediators strive to be better informed of all the details concerning a conflict than the conflict parties themselves. This not only prevents manipulation, it is the basis for resolving the problem.
Due Process
In the U.S. Constitution only one command is stated twice: in the 5th and 14th Amendments: „… or be deprived of life, liberty, or property, without due process of law ….“
This is known as the Due Process Clause, which guarantees that all levels of government in the U.S. must operate within the law and provide fair procedures.
The right of due process is deeply embedded in American thinking, and therefore in the thinking of Americans at the workplace. It is the promise, the guaranty, that a conflict will not be resolved without a process which is fair, transparent, and protects the rights of those involved in the conflict.
It is a question of fairness, of how Americans define what is just. Due Process. It’s what an American employee expects from their next-level management when that manager aims to resolve a conflict within the team.
Land of Lawyers
According to a recent survey, approximately 64% of American parents want their children to grow up to be lawyers. As a result, from a young age American children are taught to admire people who are skilled at presenting cases and winning arguments.
So much so that lawyer is the 14th most common answer that American children give to the question “What do you want to be when you grow up?” Lawyers defend their clients, especially in hearings
Conciliation
Conciliationis is an additional step proposed in the dispute resolution process.
The conciliator meets with the parties separately at a so-called pre-caucus. The purpose is to help each party release their pent up concerns enough to enable them to gain a broader perspective on the dispute.
The parties then meet together at a joint session, where they discuss directly with each other instead of through a mediator.
The conciliator is there to help the parties take responsibility for managing their own conflict, rather than to judge between the merits of the position of one party or the other.