Presentation on theme: "Mediation Workshop Rome October 4-5, 2012, Consiglio di Stato Dr. Matthias Keller, Verwaltungsgericht Aachen Vorsitzender Richter und Mediator."— Presentation transcript:
Mediation Workshop Rome October 4-5, 2012, Consiglio di Stato Dr. Matthias Keller, Verwaltungsgericht Aachen Vorsitzender Richter und Mediator
Part 1 BACKGROUND INFORMATION
Aristotle (383 – 321 BC) Nicomachean Ethics, (book 5 chapter 7) (…) therefore corrective justice will be the intermediate between loss and gain (…) and they seek the judge as an intermediate, and in some states they call judges mediators, on the assumption that if they get what is intermediate they will get what is just.
Seneca „ Saper negoziare E‘un‘arte che si può apprendere comprendendo la posizione degli opposti perchè Nessun vento è favorevole per chi non sa dove sta andando“
1648: Peace of Westfalia mediatore Alvise Contarini (Venetia)
1981: Roger Fisher and William Ury (Harvard Negotiation Project = Basis for Mediation)
Since March 2006 in NRW: Mediation at all Admin. Courts
Recently (July 2012): Access to Mediation at all German Courts! German implementation of the EU Mediation Directive Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters
Part 2 What is Mediation?
Mediation is principled negotiating. Its aim is to resolve disputes without going to court. Mediation is a type of Alternative Dispute Resolution (ADR).
Mediation at Administrative Courts … …. offers the parties of an administrative dispute the opportunity to stop the legal procedure and sit down at a table in a comfortable and quiet space and talk about the incident that led to the lawsuit.
The participants The parties and their legal consultants are not alone during the mediation-meetings There is always a neutral judge-mediator that is trained in conducting mediations. It is his/her job to structure the discussion between the citizen (applicant) and the officer of the public body (defendant) and other (third) parties so that they can communicate with each other effectively and find a solution of the conflict by themselves.
Fisher/Ury: 4 Main Steps: 1.separating the people from the problem, 2.focus on interests, not positions, 3.generating a variety of possibilities before deciding what to do and 4.insisting that the result be based on some objective standard. This method takes into account the „iceberg“…
Issue Personality Emotions Interests, Needs, and Desires Self-Perceptions and Self- Esteem Hidden Expectations Unresolved Issues from the Past
Part 4 Let‘s break it down to a case…
May I invite you to form three groups : First group: Eva Müller Second group: Michael Schulz Third Group: Fritz Holland
Getting to yes ? Let‘s try it.
Five phases introducing the rules of mediation collecting issues from positions to interests contemplating options for a solution agreement
The results of mediation are as open as the future is …