The Search for the Phantom: Success Factors to Establish Mediation

By André Niedostadek. Today it’s the first anniversary of the German Mediation Act (“Mediationsgesetz”). Congratulations! Unfortunately the joy is tempered slightly. Although mediation has been discussed for ages, the attempts to establish mediation have not worked yet. Of course there are a lot of mediators and there is a lot of training too but nevertheless mediation doesn’t seem to be widely accepted. Working as a mediator is neither a real profession. And – from a comparative point of view quite interesting – it seems that there is a similar situation in other countries. One may get the impression: Is mediation dead? Has it ever been alive?

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