Article

Law of Mediation does not promote the popularity of Mediation

Since the end of 2012 Germany has adapted a law for mediation. In a recent Report by Roland Rechtsreport we got new numbers about how well known mediation is in the German society. In 2010 only 57% answered they have heard from Mediation before. In 2014 this number had increased to 68%. Most commentators are coming to the conclusion that this must be a result of the Inauguration of the Law for Mediation in Germany in 2012. A closer look to the numbers shows that the highest increase of people who said they have heard from Mediation before was between 2010 and 2012 - before the Law for Mediation was adapted. Since than it had decreased a little bit. So my conclusion is, that the reasons for the increase of the popularity of Mediation in Germany must have other reasons than the Law. I believe it is strongly connected to a new generation that wants to deal differently with conflicts and for them Mediation is not only an alternative dispute resolution to lets say a court decision. Mediation is an equal Choice among different possibilities when dealing with conflicts.

Seeing from this perspective Mediation becomes a seismograph for a democratic culture itself. The way a civic society is negotiating its conflict shows us how civilized a society is. In an world in which people are getting more and more concerned about security for very serious reasons it becomes more likely that people choose powerful authorities to protect them from any kind of danger. On the other hand we find a strong need for peaceful, consensual settlements. In a globalized world we are confronted with different perspectives, cultures and interests. How to deal with this diversity in a peaceful way and how to use this diversity for the creation of value is one of the most important challenges in our times. Mediation - like no other concept - can teach us how to cope with those challenges of a post-modern world. Whether we are successful depends also on our excellence as mediators. Let us use the power of mediation to contribute to a peaceful global society.