German Mediation Day 2010

‘Mediation is in Germany in a control vacuum’ quality in mediation was the main theme of the third German mediation day in Jena, Germany. But what means quality in mediation? In other European countries is thought to do this already. So, Hungary, Bulgaria or Romania even have installed a State authorisation procedure for mediators. The conditions range from a period of training at a State institution for completed higher education. Austria follows the path of a voluntary certification.

The mediator must prove this 365 hours to training. The entry in the register who however comes from certain source professions, gets even with 220 hours of training. Here, the voluntary commitment to quality signed by seems to have proven. It is not possible to determine that there is loss of quality by missing legal profession regulation”, says Prof. Dr. Reinhard Greger of the University of Erlangen Nuremberg. Will Germany go in what way? It is hoped the answer in the so finding referred to draft for the German law on mediation, you will be disappointed. Here are described the roles of mediators and mediators and disclosure obligations and activity restrictions set, intended to ensure their neutrality and independence.

In addition, the enforceability of mediation agreements and an obligation for all mediators and mediators are regulated. According to the objectives of the Federal Government promoted the out-of-court conflict resolution and mediation in particular. So to specify in the future already in the writ, if is preceded by a mediation. The judges and judges can suggest more a mediation the parties. It follows a privilege in the civil procedure code and all referring to rules of procedure from the obligation of secrecy at the same time. The draft protects the confidentiality of the mediation. What is lacking are clear quality parameters for education standards, such as duration and content. Believes to the statements of some speakers, will you not commit himself well in the legislative text on a defined number of hours, but speaks of a minimum rate as a commitment. Here the BMWA, which calls for 150 hours plus test is concrete. The draft is too little concrete many law protection insurance companies. In Jena of the CEO of d.a.s. Rechtschutzversicherungs AG, Munich, Rainer Togel formulated its minimum requirements. Level we need appropriate, differentiated and comprehensive training, which is proved by examination. A regular repetition is of course. Who trains stage uniform and binding rules should have and measure the quality by a technical supervision and certify. It level must be a parent institution, which defines requirements which trained. This site may track no economic interest, so a central location that is provider-independent. At the moment, Togel mediation mediators and mediators on the basis of this missing parameter is difficult. However, it is estimated that mediation cases are mediated by the D.A.S. in 2011 about 10,000. The consumer-friendly adjustments of all products of the D.A.S. are basis for it. There will be a wait, still deductible or exclusion of criteria for mediation, Togel says. It is hoped that professional associations and politics set the right course to integrate mediation into Germany as a common alternative to the legal dispute. Mario puddle trainer & mediator (FH)

Comments are closed.