INKOVEMA Podcast „Well through time“

#154 – Ways into mediation

Recognising and enabling new paths for the premium product of mediation

In conversation with Prof Dr Reinhard Greger

Well through time. The podcast about mediation, conflict coaching and organisational consulting.

Reinhard Gregerretired judge at the Federal Court of Justice and professor at the University of Nuremberg-Erlangen. He is co-author of the ZPO commentary Zöller and on the editorial board of the Zeitschrift für Konfliktmanagement.

Contents:

"New ways into mediation" were to be sought and found at the Bavarian Mediation Day 2023. 200 participants attended and formulated their ideas in 20 working groups. New paths were developed, but above all it was emphasised that obstacles and stumbling blocks should be removed from existing paths. In this context, the route to court was sometimes targeted as a particular annoyance: This is too heavily pre-structured and „bypasses“ the mediation option, so to speak. The legal profession has a key role to play here - which is why many related ideas were developed, from training to remuneration issues.

Special attention was paid to contractual Conflict resolution clauseswhich should be included in all significant contracts. Corporate lawyers and solicitors, but also notaries in particular, should work towards this. Instead of standard arbitration or blanket mediation clauses, graduated agreements tailored to the circumstances of the specific legal transaction should be made; this should be supported by further training and publications, e.g. in form books.

Working groups at the conference „Pathways to Mediation“

  • Group 1: Social changes
  • Group 2: Gender and mediation
  • Group 3: Legal advice
  • Group 4: Role of the notary
  • Group 5: Judges
  • Group 6: Administration
  • Group 7: Counselling centres for private individuals
  • Group 8: Managers
  • Group 9: Legal expenses insurers
  • Group 10: Chambers and associations
  • Group 11: Family counselling
  • Group 12: Legislation
  • Group 13: World Wide Web
  • Group 14: Advertising
  • Group 15: Guide to mediation services
  • Group 16: B2B conflicts
  • Group 17: Conflicts with insurance companies
  • Group 18: Internal conflicts
  • Group 19: Intra-school conflicts
  • Group 20: Neighbours and homeowners' associations

Literature: