Mediation will gain weight
Mediation will also increase in the future because many legal expenses insurance policies will include or include in your clauses a mediation procedure will be carried out with the neighbors before the feared apple tree controversy.
This means that before many civil cases, a first instance - the mediation - is switched. This happens simply against the background, to relieve the courts and of course to save costs (for the insurance).
Company: Round table instead of judge's table
Well-known companies in the German economy (eg Deutsche Bahn, SAP, EON) have also recognized the power, the meaning and the benefits of mediation procedures - but of course also their savings potential, which helps to avoid expensive, lengthy legal proceedings.
Already 2008 decision makers of leading German companies have established a "round table for conflict management and mediation" under the scientific supervision of the European University Viadrina.
What is mediation at all?
Here, the most diverse companies meet to exchange experiences about new conflict strategies and above all solution strategies. This round table is scientifically accompanied by the Institute for Conflict Management at the Faculty of Law of the European University Viadrina in Frankfurt / Oder.
But what does it actually mean to initiate a mediation procedure? And what does this mean?
More than newfangled frippery
The short series would like to deal with mediation in general and in particular. The basic principles of mediation are elucidated, the course of a mediation procedure is described, and the new mediation law presented.
The mediation is not a newfangled frippery, which is spilled out of America. On the contrary, the roots of mediation date back to several thousand years and are widespread worldwide. And there are numerous, historically proven examples.
Even the ancient Greeks ...
Already the Greek Plato was concerned with the conflict solution. In Africa mediation procedures are detectable in the strains. This was vital because there was no jurisdiction.
And the people of Confucian-influenced China used mediation to settle disputes before a lawsuit. The dispute in court is perceived as a shame.
A mediator ends the Thirty Years War
A well-known mediator from the early modern period was Alvise Contarini. He became famous for his mediation activities during the Thirty Years' War.
This mediator, respected by all hostile camps, had to conduct more than a thousand proven conversations until his efforts were successful and culminated in the Peace of Westphalia.
For their services the mediators were scolded and mocked
However, please do not believe that the mediator's gratitude was shown and in part. No, the mediators were scoffed at cooperating suspiciously for the enemy to cooperate and the real role of the mediator was not at all perceived.
How was that, for example, with Socrates? Because of his questioning technique, he too was considered not just a great philosopher, but a mediator. This questionnaire, known as "Socratic Dialogue," was a thorn in the side of the rulers of that time.
Do not become a mediator!
This questioning technique educated the questioned to autonomous thinking. The end of the song? Socrates had to drink the hemlock mug because he remained faithful to his beliefs.
Are you planning to go for an intermediary? Do you want to be the bright, saving hero in negotiations? Think of Socrates Do not be a mediator- Forget it!
The task of the mediator is to remain inconspicuous, to steer and to enable the conflicting parties to resolve the conflict.
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