Of disputes

People generally find conflicts unpleasant. And although it takes two to argue, confrontations in themselves are unavoidable, as opponents are always ready waiting. Lawyers are therefore experts in conflict because ultimately we, as the only real statutory duty, have representation in court – and the judiciary represents that body due its essential constitutional content, which is offered by the state in order to assert private legal claims, if necessary even in spite of considerable opposition. Compulsory enforcement has control over the executive access to the assets of the obligor and judicial penalties as far as imprisonment. In this way it renders the rule of force, asserted by the stronger party, unnecessary and superfluous.

But disputes can also produce a positive effect, as they can sort out unclear situations and decidedly pronounce claims to be legally right or wrong. The confrontation, like a cleansing storm, can present new and better foundations for the developments of relationships (just as in the private sphere). Conflict settlements, solutions and management are the modern concepts for this idea, not only in the extra-judicial arena but also among lawyers. New tools for dealing with human conflict also belong to the modern lawyer’s repertoire. Conciliation services, arbitration proceedings and mediation solutions are en vogue at the moment.

Our expert in this area has also completed training to be a mediator and is listed as such in the corresponding list at the Federal Ministry for Justice. We can therefore offer services in this area. However, it should not be overlooked that justified claims, rights from contracts or unlawful infringements into a person’s own sphere are not always able to be solved by discussion and agreement. And if it comes to the worst, those who ultimately refuse to communicate must be able to be forced to adhere to their legal duty using public power.

And this does not only apply to a single case where justice is gained for concrete legal infringements. It is also necessary due to preventative reasons for the future. If violations in legal areas did not penalise others, and if the state did not provide functioning instruments to solve conflicts that arise, the whole cohesion of society would be de-stabilised because otherwise the members of this society (in view of the lacking binding effect of moral rules) would not have any other motive to act conforming to the law and society.



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