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Friday, February 28th 2020
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Home > Country profiles > Germany > Articles






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Arbitration, Neutral Adjudication, Conciliation, Mediation: What’s in a Word? Designing and Naming ADR Processes – The Example of an Industrial Relations Dispute in Germany
Tuesday, 26th February 2020

"Mediation and conflict management often require the design of complex processes that might involve different interventions with different parties or stakeholders over considerable time. Consider mediation in the planning stages of public projects...


Conciliation with a Mediation Touch – 10 Years of Consumer Conciliation for Public Transportation in Germany
Wednesday, 30th January 2020

"Two days ago I attended a birthday party – one of Germany’s most active consumer conciliation bodies celebrated its ten-year anniversary. There was an interesting panel discussion on the role of consumer conciliation in Germany and in Eu...


Good Reasons Not to Envisage Amicable Resolution
Sunday, 25th November 2019

"People have very good reasons not to want to enter into dialogue with each other over conflict (with or without mediation).


We Can Work It Out / You Can’t Always Get What You Want
Friday, 6th July 2019

"I learned two foreign languages back in school, and there is a reason why my German was always going to be better than my French. I blame The Beatles. In my last blog I promised I would write about the Beatles and the Rolling Stones (and not Brex...


Brexit and No End in Sight: A View from the Perspective of a Theory of Negotiation
Wednesday, 20th June 2019

"I am sorry for writing about Brexit again here. It is not as if Brexit matters that much. To readers of this blog outside of Europe perhaps not all. But I cannot resist it. I was thinking about writing about the Beatles and The Rolling Stones &nd...


Germany Legislates To Improve Tax Dispute Resolution
Wednesday, 2nd May 2019

"On April 16, Germany's Ministry of Finance published a draft law that would transpose into German law the requirements of the European Union directive on tax dispute settlement mechanisms. Directive 2017/1852 was adopted by the Euro...


Mediator = Manipulator?
Tuesday, 24th April 2019

"The word “manipulation” has a bad name. It is usually used to denote devious and underhand behaviour. If we say that someone is being manipulative or that someone is a manipulative person then we are usually disapproving. Mediators...


On the Benefits of Mediation Training, and On Getting Things Wrong. An Interview with Eva Chye
Thursday, 29th March 2019

"Last week I was reading an essay by the American novelist Jonathan Franzen, and was struck by the following thought: “The essay’s roots are in literature, and literature at its best […] invites you to ask whether you might be s...


Selecting a Mediator: in General, in Commercial Cases – and in a Kingdom in Need?
Monday, 29th January 2019

"There is an old debate in mediation circles about the qualifications (formal and informal) that mediators need to mediate, and what specialist knowledge they are expected to have. In some countries, mediators are required to be qualified lawye...


Haltung – On the Meaning of a Word and Its Relevance for Mediation
Thursday, 6th July 2018

"When you study languages, or gain fluency in more than one, at some point you realise that each language has its own terms that are not translatable. It is about the way language thinks for us, and in different languages or cultures this varies.


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