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- Title
Justus Heck: Das Mediationsparadox.
- Abstract
The article deals with various legal aspects of mediation. The European Court of Justice has ruled that a person's behavior in a conflict situation also has an impact on the treatment by the contractual partner. A law student challenged the failure of her exam before the Administrative Court, as questions on European legal history were asked, which are not part of the exam material. The Higher Administrative Court Berlin-Bdb has ruled that key qualifications such as negotiation management and mediation only need to be considered institutionally and not in every exam. The Higher Regional Court Frankfurt has ruled that consumers can generally revoke contracts concluded outside business premises or by means of distance communication within two weeks, unless it is a non-remunerated contract. The author Justus Heck has published a sociological study on mediation in his book "The Mediation Paradox", in which he examines the limited use despite high appreciation and regulation. The text discusses the role of a neutral third party in conflict mediation and concludes that the involvement of a neutral third party can promote agreements, but not through more information or higher training standards. The supporters of mediation rely on scientific research, but the author's assessments are not generally accepted.
- Subjects
JUSTUS Heck: The Mediation Paradox (Book); LEGAL history; ADMINISTRATIVE courts; HECK, Justus; LAW students; MEDIATION; CONSUMERS; UNINCORPORATED associations; EUROPEAN history; NONFICTION
- Publication
Zeitschrift für Konfliktmanagement, 2023, Vol 26, Issue 3, p110
- ISSN
1439-2127
- Publication type
Book Review
- DOI
10.9785/zkm-2023-260318