INKOVEMA Newsletter

Mediation and conflict management

# 41

A. Key topics:

– Systematic conflict management in scientific organisations (WO)

– Excursus: Sins of German scientific history

– Structure and system of ombudsman offices in WO

– Recommendations for mediation practice in W=

B. Concepts for mediation

– Part 9: From the enquiry to the triangle

Systematic conflict management in scientific organisations

A. Scientific organisations

in Germany are above all the BIG FIVEcomposed of

  • the public universities, especially the universities,
  • the Helmholtz Centres and their institutes,
  • of the Leibnitz Association and its institutes,
  • the Fraunhofer-Gesellschaft together with its institutes and
  • the Max Planck Institutes, all of which are members of the German Research Foundation – as well as many other societies, foundations and academies (of science!) etc.

On the one hand, these organisations have problems and conflicts like other business organisations, but on the other hand, they face the particular challenge of "Good Scientific Practice (GWP) to protect and promote.

BTW: Mediation also serves as a field of teaching and research in scientific organisations.

B. Conflict landscapes in scientific organisations

(=fields of application for mediation and other conflict management procedures)

  • Non-science-specific conflicts,
  • Science-specific conflicts (keyword: good scientific practice)
  • „Transition and cross-cutting conflicts“

I. Non-science-specific conflicts in scientific organisations

This is where potential for conflict arises in scientific organisations because they are also organisations, e.g. when the scientific organisation acts as an economic market participant and, like other organisations, also has to deal with potential for conflict, e.g. with purchases, real estate transactions, i.e. conflicts with third parties, etc.

II.  Science-specific conflicts

Science-specific conflicts revolve around the problem of science organisations to ensure good scientific practice. The need for constructive handling of potential conflicts in this respect has increased with the changed framework conditions of scientific knowledge acquisition.

  • Recommendation of the German Rectors' Conference on „Safeguarding Good Scientific Practice“ Link

Here, the rules, procedures, etc. are at the centre of the conflict, which should enable and secure good science. The extent to which mediation can be used here is unclear, as the outcome of mediation does not appear to be completely open and context-free.

III Transitional and cross-cutting conflicts
Conflicts in the border area between science-specific and non-science-specific areas of conflict, e.g. in the case of labour law conflictswhere the tasks are research and scientific fields, but also in copyright conflicts (intellectual property) etc…, which by no means occur exclusively in scientific organisations, but are established here in the context of the GWP.

In some cases, such as at universities and colleges, there are conflict counselling centres that act as the first point of contact. Contact points and a Distribution function take over. It is not uncommon for these first points of contact to be located in the HR department. Of course, the legal department also serves as a point of contact, although a distribution function may be common practice here, but by no means a professionalisation or specific distribution of tasks is likely to have taken place.

Excursus: Sins of German scientific history = challenge for safeguarding good scientific practice (GWP)

Conflict management at German scientific organisations has developed and professionalised over the past decades, primarily as a result of two scandals.

1. Friedhelm Herrmann and Marion Brach (research field)

These two (then!) highly respected physicians and cancer researchers were found guilty of data manipulation and publication fraud in 94 cases. The „Task Force F.H.“ demonstrated in its final report a systematic scientific fraud that until then had seemed almost unimaginable – the biggest case of fraud in recent medical history!

2. Baron zu Guttenberg (doctoral field)

In 2011, the former Federal Minister of Defence was stripped of his doctorate by his former university in Bayreuth after the websites of GuttenPlag Wiki the violations of the GWP were compiled.
The so-called „Guttenberg effect“ led to universities – also under public pressure – increasingly having to deal with violations of scientific rules. In the course of this, above all Investigation commissions, promotion committees and ombudsman offices was established, given increasing tasks and competences and moved into the focus of responsibility. In addition, the German Rectors' Conference in the same year recommendations for Quality assurance in the doctoral procedure from.

C. Structure and system of ombudsman offices in scientific organisations

I. In Germany, conflicts and questions that arise in the area of good scientific practice and scientific integrity are dealt with centrally by the Ombudsman for the sciences.

  • Ombudsman for the sciences in Germany. Link

The Ombudsman for the Sciences and Humanities is a Committeewhich is set up by the German Research Foundation – specifically: its Senate – and in Berlin has its office here. The committee works neutral, fair and confidential. The current spokesperson for the committee is Bayreuth legal scholar Prof Dr Stephan Rixen.

This body can In addition to the local ombudsman offices can be called.

II Specific tasks of the Ombudsman of the Sciences and Humanities:

  1. Counselling, i.e. the ombudsman is available to provide advice and assistance in specific cases of conflict and questions relating to the GWP.
  2. Mediation, i.e. in conflicts relating to good scientific practice (GWP), the committee acts as a mediator and can „send mediators“. It acts as a conflict moderator, not as a mediator in the traditional sense.
  3. Events, i.e. the Ombudsman organises events to raise awareness and spread the word about the GWP.
  4. Networking, i.e. the Ombudsman networks nationally and internationally with experts in the field of scientific integrity.

III Guidelines for the work of the Ombudsman are in the Code of the German Research Foundation standardised. Link

IV. Annual Report 2018 of the Ombudsman for the Sciences and Humanities. Link
The annual reports from previous years can be found here.

Excursus: Ombudsman and ombudsman boards

Similar to an arbitrator, the ombudsman acts impartially and fairly to resolve conflicts. Several ombudspersons in one body form an ombuds council. Occasionally, however, the term ombudsman (e.g. in the sciences) is retained; more on this in a moment.

In the 1970s, the institution spread around the world, but originated originally from Swedenwhere an ombudsman was appointed for the first time in 1809. The occasion was the democratic concerns of consumerism, enable citizens to votee.g. for housing, water, heating and insurance. The aim here was to protect the state's changed fulfilment of tasks against arbitrariness. The ombudsman was developed for this purpose. 

The term ombud comes from the Old Norse and means "commission, authorisation".

📖 Trentmann, F.: Herrschaft der Dinge. Die Geschichte des Konsums vom 15. Jhrdt. bis heute, Munich 2017, p. 745 ff.

D. Recommendations for mediation practice in scientific organisations

  • Establish systematic conflict management!
  • Establish mediation as a procedure among, alongside and with other conflict management procedures.
  • differentiate between administrative and academic staff.
  • Pay particular attention when dealing with scientific personnel:
    • No psychologisation of behaviour! The social aspect of the conflict also seems strange.
    • Strong inclination towards the community! „Saving face“ and ideas of loyalty are driving motives for (non-)action. Consider the reputation of those involved!
    • (University) political, economic and social influences must always be taken into account.
    • External methods and tools must be appropriate to the science.
    • Observe the principle of rationality and equality, but do not negate the imbalance of power! This means that even if special, almost magical power is attributed to the power of the right argument, people with institutionally conferred power also act in scientific organisations.

Concepts for mediation

Part 9: From the enquiry to the triangle
Problem situation when the mediator was requested by conflict party 1:
Who accepts the request or invitation to mediation if Conflict Party 2 was not yet aware of Conflict Party 1's request for mediation?

Conflict party 1, i.e. the person making the enquiry, takes over: 

  • Advantages: Strengthening the autonomy of the conflict parties; neutrality is maintained, no point of attack for false attributions of lack of neutrality
  • DisadvantagesConflict parties may activate their conflict communication; the idea of resolving the dispute through mediation may be devalued or talked down; risk of further escalation
  • Solution approachesProvide your own flyer, reference to the website (by e-mail with LINK, not verbally), checklist or guidelines

Mediator takes over:

  • Advantages: Professional, de-escalating approach; the caller is competent to answer questions about what should happen in the mediation; two-way dialogue "equalises the inequality immediately"
  • DisadvantagesDanger of being taken by surprise; possibly escalating message: Now third parties already know about it? (Danger of rescue communication, invitation to passivity)
  • Solution approachesKP1 announces – in a one-way communication via letter, e-mail, sms etc., if necessary. – announces that a neutral mediator will contact KP2.

It is clear that every further course of action harbours risks and that ultimately there is no „he-solution“. Incidentally, this will be the case throughout the entire mediation process, if it takes place. Rather, it is about an appropriate and self-responsible regulation of the existing conflict potential between the conflict parties.