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(881 words)

Author(s): Stroh, Ralf | Greger, Reinhard | Schmälzle, Udo Friedrich
[German Version] I. Social Ethics – II. Law – III. Practical Theology and Education I. Social Ethics Mediation (Lat. mediatio) strives for nonjudicial conflict resolution between disputing parties through the reconciling work of neutral third parties, who, in the course of their moderating and de-escalating activity, seek to activate the potentials for conflict resolution that are present but hidden in the disputing parties. Mediation aims at agreement as the satisfactory conclusion of a conflict in contrast to a court judgment that by means of external power helps legally justified inter-¶ ests to assert themselves. Thus, not only for its success but also as its starting point mediation presupposes the willingness of all parties to come to an agreement. If this will is present, then mediation offers an excellent forum for working through the conflict, and its overall social value – especially in terms of offender-victim compensation – cannot be overestimated. It closes the institutional gap that exists between the informal settlement of the conflict by the disputing parties alone…

Testimony, Clergy’s Right to Withhold

(155 words)

Author(s): Greger, Reinhard
[German Version] To protect the confidentiality required for pastoral care, especially the seal of the confessional, the procedural codes of the German courts give clergy to be interrogated as witnesses the right to refuse to give evidence (§53, para. 1, no. 1 of the criminal procedural code, §383, para. 1, no. 4 of the civil procedural code). Given its purpose, this right extends only to pastoral activity, not administrative, educational, or charitable activity. In criminal cases, it is irrelevan…