INKOVEMA Newsletter

Mediation and conflict management

# 16

Key topics:

– Conflict management

– OutsideJudicial and legal dispute resolution

Conflict management

  • On the topic Domestic violence There is a lot of literature, discussion and law on the subject. Most of it is about domestic violence by men - against women, children, neighbours. Rarely discussed is the Violence by women. The FAZ has devoted a detailed article to this topic.
  • Anyone who social conflict management cannot avoid sociology, custom and morality. The current conflict surrounding football fan culture in German stadiums offers a lesson in the extent to which opponents can be labelled and then treated as they please. The so-called Ultra scene has been criticising the developments taken by the German Football Association for years. The extent to which the escalation spiral is accelerated or calmed is something that the ZEIT online in their article „They call it war“ busy.
  • Anyone interested in a very special example of custom, morality and the effects on social interests and conflict situations could soon be interested in the comprehensive book „Cannibalism – A totally normal natural history“ by Bill Schutt. It is by no means light fare, but Bill Schutt shows why this is especially true for westernised minds and what this has to do with the historical conflicts of colonialism. ZEIT online interviews Bill Schutt. Equally interesting is the interview conducted by VICE.
  • And perhaps it won't be incredibly long before the majority of people look at us today with disgust and think that we were as brutal as cannibals because we Eaten meat at all have. There are already signs of this today and development paths, such as the Article from Perspektive Daily on veganism shows. But there doesn't seem to have been any significant escalation of conflict yet, does there?

Extrajudicial & judicial dispute resolution

Decrease in the number of lawsuits filed with the courts
There have been fewer complaints in Germany for over a decade, dramatically fewer complaints. Gone might be the days when Germans were dubbed "complainers" and downright litigious. But why is that and what exactly is the reason?

Mediation procedure

Professional experience

  • Judgement of the Celle Bar Court of 22.5.17which declares a ban on lawyers joining forces with mediators in a professional association, even if only in the form of a joint practice. This means that mediators are not treated in the same way as tax advisors, auditors and sworn accountants, for example, for whom joint professional practice is possible. This judgement is not yet legally binding, but is probably causing quite a stir in the mediation scene for this very reason. The Munich-based lawyer mediator Martin Fries has analysed this Judgement commented informatively.

Literature on mediation