More Rules of Moderation

The Germans believe that moderation can succeed only if it makes clear to all parties involved that there will be no naming a winner and a loser.

Naming one side the loser is a guaranty that the conflict resolution will not hold, that the „losing party“ will seek to roll back, revise, reject the resolution. True acceptance, real stability, can be achieved only if both parties come away accepting a compromise.

Akzeptieren. Latin acceptare, to accept, take on, allow, approve, recognize; to come to agreement with someone; to accept an apology, a recommendation, an idea.

Fester

Americans – both team leads and team members – almost always prefer a suboptimal conflict resolution reached in a timely manner over an optimal resolution arrived at late. Americans refer to conflicts which fester. 

fester: to become painful and infected; to become worse as time passes; to cause increasing poisoning, irritation, or bitterness; to undergo or exist in a state of progressive deterioration; to make inflamed or corrupt; “We should deal with these problems now instead of allowing them to fester.”

First known use 14th century. Synonyms: break down, corrupt, decompose, disintegrate, decay, foul, mold, molder, perish, putrefy, rot, spoil.

Conflict Resolution Training

Anyone in Germany who has ever attented school knows about Schlichterausbildung – Conflict Resolution Training. It is a workshop in which high school students learn how to defuse and resolve conflicts peacefully, how to reach a compromise which both conflict parties can accept.

There are also Schlichter – conflice resolution experts – in the German court system, and in many public organizations. Often they handle conflicts at the national level, such as the one surrounding the total remodeling of Stuttgart’s Main Train Station.

The conflict resolution method taught in German schools has several steps: 1. Calm down the conflict parties. 2. Communicate in the first person (“I”). 3. See the conflict from the viewpoint of the other party. 4. Admit to you are a part of the conflict. 5. Look for a resolution via brainstorming. 6. Agree to the resolution. Apologize. Thank.

These straightforward steps are representative for the German need for harmony and mutual respect.  Conflict is not resolved when one party gets his or her way. Instead, conflict is resolved when a compromise is found which is equitable and acceptable for both sides.

Both sides in the conflict should have the impression that their viewpoint, opinion, position have been listened to, understood, respected and considered in the resolution. This desire for harmony is in stark contrast to the cliché that Germans are authoritarian, that they rely on strict structures of hierarchy.

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.

No Best Practice

Short-, mid-, long-term. Fast, faster, fastest. We know that Americans and Germans define those terms differently. So it is when resolving a conflict.

Germans seek lasting, best practice-like, resolutions. This requires more time upfront, but saves time by reducing the chances that the same or similar conflict arises. Should it arrive, the team need only refer back to the best practice resolution.

Americans seek pragmatic resolutions. Often “down and dirty”, neither elegant nor perfect, they are fast in order to maintain forward movement and team cohesion.

Americans rarely seek a best practice resolution to a given conflict. From their experience, every situation is unique. The context, the content, the people involved, the ramifications, may be similar, but are not the same. Resolution is not a matter of referring to a manual, a process description or an organizational chart.

Evidence

MerriamWebster tells us that evidence means: something that furnishes proof; something legally submitted to a tribunal to ascertain the truth of a matter; one who bears witness. First known use 14th century.

Synonyms: attestation, confirmation, corroboration, documentation, proof, substantiation, testament, testimonial, testimony, validation, voucher, witness.

Antonyms: disproof.

To judge

Judge: To form an opinion through careful weighing of evidence and testing of premises; to sit in judgement of, to try; to determine or pronounce after inquiry and deliberation; to govern, rule; to form an estimate or evaluation of; to form an opinion; to decide as a judge. Middle English juggen, from Anglo-French juger, from Latin judicare.

Mediate: Occupying a middle position; acting through an intervening agency; exhibiting indirect causation, connection, or relation. From Late Latin mediatus intermediate.

Fact: A thing done; the quality of being actual; something that has actual existence; an actual occurrence; a piece of information presented as having objective reality. From Latin factum. 

Witness: Attestation of a fact or event; one that gives evidence; specifically: one who testifies in a cause or before a judicial tribunal; one asked to be present at a transaction so as to be able to testify to its having taken place; one who has personal knowledge of something; something serving as evidence or proof; public affirmation by word or example of usually religious faith or conviction. Middle English witnesse, from Old English witnes knowledge, testimony, witness, from wit.

Testimony: The tablets inscribed with the Mosaic law, the ark containing the tablets; a divine decree attested in the Scriptures; firsthand authentication of a fact; a solemn declaration usually made orally by a witness under oath in response to interrogation by a lawyer or authorized public official; an open acknowledgment. Middle English testimonie, Latin testimonium, from testis witness.

Schlichter

The process of Schlichtung – arbitration, mediation, conciliation – is a bit different in every case. To get a sense for the process it is helpful to take a look at the Mediationsgesetz – mediation law, for there is actually a law in Germany supporting out-of-court arbitration.

The law states clearly that the Schlichter takes a neutral position during the mediation. She or he is to lead the conflict parties to a consensual (both agree freely) resolution of the conflict, so as to avoid the need for a court case.

The Schlichter speaks with each party separately in order to reconstruct the conflict as objectively as possible. But what does “objective” actually mean? The mediation law does not answer that question. It is the job of the Schlichter, typically via a long process, to find the truth.

The one conflict party tries to prove the guilt of the other party. That party, in turn, does their best to prove lack of guilt. The mediator does her best to get as objective a picture of the situation as possible. 

Rekonstruktion

Rekonstruktion. Reconstruction. To rebuild; to explain an event, situation, thing as it once was; a work of art, music, literature, a physical thing such as a building or the behavior of people, an historical development.

Sich ein eigenes Bild von etwas machen. Literally to make for oneself a picture of something; to look at something with one‘s own eyes; to inform oneself at the scene.

Wahrheit. Truth; as it is, was; what is true, is lasting; what was truly the case, what is accurate.

Umstand. That which is present, literally standing around; what was present and influenced an event; contextual factors; an important, critical factor or influence.

Einordnen. To put into order, to fit in; to put in place within a system; to judge; to fit into an existing pattern or set-up; to size someone up, to get a read on.

Beweismaterial. Evidence; information relevant to a court case; to gather, secure, proof, destroy, hide evidence.

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.

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