hearing

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.

The German State of Thüringen (Thuringia) analyzed aspects of its judicial system. It recommended that magistrates (judges) hold separate hearings with the parties in conflict. Separate hearings are considered to be “besonders hilfreich” – especially helpful.

Many attorneys were quoted praising the advantages of separate hearings: “loose, relaxed atmosphere; room to discuss matters other than the conflict itself; each side feels they are taken seriiously; an opportunity to present one’s viewpoint without the other party attacking it; creates a constructive communication climate.”

One of the magistrates underscored the value of holding separate hearings: “For me the most important part of the mediation is the hearing with each party separately. Points are made which are very important to the respective conflict party, points which helped me to better understand the nature of the conflict and which led us to a breakthrough.”

During a hearing, called by their boss, Americans are careful, factual, cooperative. Most importantly they are discreet. Anger, impatience, any lack of self control is considered to be unprofessional.

The boss listens carefully to what each party to the conflict claims. In a formal hearing, within the legal system, parties providing testimony first swear that they will provide „the truth, the whole truth, nothing but the truth.“

The consequences for lying – perjury – are serious: a felony which can lead to a prison sentence for up to five years.

Perjury: the voluntary violation of an oath or vow either by swearing to what is untrue or by omission to do what has been promised under oath; false swearing.

American managers take very seriously their obligation, duty, responsibility to resolve conflicts within their organizations. Any attempt by a conflict party to manipulate that process is punished quickly and severely.

There are numerous cases brought to court in America each year. Some of these involve suspects who wish to clarify their misdeeds amongst public discourse. This is particularly prevalent in the current case regarding the suspect of the Boston Marathon Bombings.

The suspect in the case pleaded not guilty although his defense lawyer admits “it was him.” This brings about the right to appear in court to argue your side of the story and expect a fair hearing followed by a fair trial.

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.