CONFLICT AND ITS SETTLEMENT - AN INTERDISCIPLINARY STUDY CONCERNING THE LEGAL BASIS, FUNCTION AND PERFORMANCE OF THE INSTITUTION OF THE SCHIEDSMANN (FROM ACCESS TO JUSTICE, VOL 2, 1978 - SEE NCJ-61157)

• NCJ Number: 61159
• Author(s): G BIERBRAUER; J FALKE; K F KOCH
• Date Published: 1978
• Length: 63 pages
• Corporate Author: Sijthoff and Noordhoff
• Publication Format: Document
• Publication Type: Program Description (Model)
• Language: English
• Country: Netherlands
• Note: TRANSLATED BY IAIN L FRASER AND JOHN WEISNER

Annotation

THE INSTITUTION OF THE SCHIEDSMANN, A GERMAN LOCAL CONCILIATOR WHO SETTLES CERTAIN PRIVATE DISPUTES, IS EXAMINED USING HISTORICAL, LEGAL, SOCIOLOGICAL AND ANTHROPOLOGICAL PERSPECTIVES AND AN EMPIRICAL STUDY.

Abstract

THE SCHIEDSMANN IS AN OFFICIAL BUT EXTRAJUDICIAL INSTITUTION WHO WORKS IN A FORUM WHEREIN A THIRD PARTY CAN SETTLE DISPUTES WITHOUT FORMAL COURT PROCEEDINGS. THE SCHIEDSMANN ALSO ACTS AS A SCREENING DEVICE TO PREVENT OVERLOADING COURTS WITH MINOR DISPUTES. THE SCHIEDSMANN IS UNSALARIED, ELECTED FOR 5 YEARS BY THE DISTRICT OR MUNICIPAL GOVERNMENT, RECEIVES NO SPECIFIC TRAINING, AND SETTLES DISPUTES IN PRIVATE, USUALLY AT HIS RESIDENCE. THE PROCEEDINGS' GOAL IS TO BRING SETTLEMENT, LEGALLY ENFORCABLE, BY MEANS OF OPEN DECLARATION OF THE PARTIES. DESPITE DECLINES IN THE LAST CENTURY IN THE NUMBERS OF SCHIEDSMANNER AND CASES HANDLED, THE RATE OF SUCCESSFUL RECONCILIATIONS HAS RISEN. THE SCHIEDSMANN REPRESENTS CONFLICT RESOLUTION BY MEDIATION AND DEMONSTRATES THAT THIRD PARTIES ARE MOST EFFECTIVE WHEN THEY ARE PRESENT AND CONTROL BOTH THE SITUATIONAL ASPECTS OF THE ENCOUNTER AND THE DIALOGUE. IN A PILOT EMPIRICAL STUDY, 1,000 PROCEEDINGS RECORDS (100 FROM EACH OF 10 SCHIEDSMANNER) DATING BETWEEN 1948 AND 1970 WERE EXAMINED. SUCCESS RATES WERE HIGHER WHEN PARTIES WERE UNRELATED, THE CONFLICT WAS OF SHORT DURATION, WITNESSES WERE CALLED, AND NO LAWYERS WERE INVOLVED. REGRESSION ANALYSIS OF A QUESTIONNAIRE STUDY OF 60 SHIEDSMANNER SHOWED THAT PERSONAL FAMILIARITY WITH DISPUTANTS AND CONSIDERATION OF UNDERLYING CAUSES IN HANDLING THE DISPUTE WERE VARIABLES MOST ASSOCIATED WITH SUCCESSFUL SETTLEMENT RATES. TABLES, A FIGURE, FOOTNOTES, AND A BIBLIOGRAPHY ARE INCLUDED. FOR RELATED STUDIES IN THIS AND RELATED VOLUMES, SEE NCJ-61157, 61158 AND 61160-61184. (CFW)