Conflict management – topic „anger“

• Get people to for minutes on end (contribution to the programme), and contact, connection and closeness are created. A German television channel is currently trying to show that this can also be achieved with conflicting parties. The programme is terrible, but the underlying Findings of the eye contact experiment are valuable. Currently a worldwide event organised for this purpose.
• A detailed Essay on „Resentment“ by Pankaj Mishra was recently published in the NZZ. The Indian journalist sets out in detail his opinion that we are living in the „Age of Anger“ (book of the same name). Pessimistic, but worth considering.
• For those who are not so pessimistic, but prefer the liberating elements of full-blown outbursts of rage and wants to know why the rectal immediately creeps into the language, may find inspiration here.
• Here a Contribution to the development of violence among young people in Germany.
• A Impressive testimony of personal coping with experiences of violence shows a photo project from the USA. Behind the ambiguous name „Shotproject“ are the personal stories of Americans who are survivors of violence and gunshot wounds.
  • Here you will find a introductory text on Medium.com (English).
  • Here you will find the website of „Shotproject“.

Report of the Federal Government on experience with the Mediation Act

• On 18 July 2017, the German government presented its report, in which it reported on its Experience with the Mediation Act from 2012. The report is 219 pages of disillusionment.
• Key points: 
  1. The number of mediations carried out remains at a consistently low level. The mediations are mainly concentrated on a few mediators.
  2. Mediation offers only limited earning potential. Many mediators are involved in training.
  3. While mediation cost assistance is considered by mediators to be the best instrument for promoting mediation, the report advises against a general, sector-independent regulation on mediation cost assistance at the present time.
  4. The enforceability of mediation agreements is considered by the mediators to be the least important instrument for promoting mediation. The report also sees no need for a special regulation to make mediation (outcome) agreements fully enforceable.
  5. The certification of mediators, as it is currently organised, has little relevance for users. The extent to which a standardised public certification system would be able to change this is not empirically verifiable.
  • Click here to go to the General view of the report.
  • Here is the Download report ready.

Comment: The report is clear on the whole, but complex in detail. If there is a market for mediation – of which I am convinced, then mediators have not yet discovered and mentally grasped this market. They are still working past it. (Point no. 4 says it all!) If there is currently no market for mediation, then mediators are not yet working to create such a market. Your „invitation“ to mediate is not working – even though the diagnosis is correct! The need is there. In this context, the Blog post from June 2016: 5 reasons why 9 out of 10 mediators can't make a living from mediationin which I why the typical invitation is counterproductive.

Extrajudicial & judicial dispute resolution

• Here the new Contribution in the INKOVEMA blog on the exceptional role of the dispute mediator in consumer disputes.
• The Minden Administrative Court has ruled that the confidentiality obligations and clauses in mediation proceedings do not prevent the right to information under press law from lapsing. Public bodies that have agreed to maintain confidentiality in a mediation procedure must nevertheless provide information to the press. The public interest takes precedence over the private interest in this respect. The You can find the entire judgement here.