Bargen, Jan M. von Gerichtsinterne Mediation. Eine Kernaufgabe der rechtsprechenden Gewalt
2008. XXX, 413 pages. VVerfR 57
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Jan Malte von BargenGerichtsinterne MediationEine Kernaufgabe der rechtsprechenden Gewalt
[In-Court Mediation. A Basic Function of the Judiciary.]Published in German. Unlike in the USA and the United Kingdom, but in line with tendencies in Scandinavia, Slovenia, Lithuania and Japan, German courts are increasingly offering the parties of pending proceedings in-court mediation with a specially trained judge-mediator of the same court who in this special case, however, is not authorized to decide. Jan Malte von Bargen believes that one main reason for extending the judicial services in solving conflicts is the courts' effort to improve the quality of their work. His main concern is to clarify that the judge-mediator performs an original function of the judiciary, in contrast to executive or legislative functions, and that this conforms to a modern, future-oriented understanding of the separation of powers. Furthermore, he believes that this new service fits into the standard procedural framework.
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