NEGOTIATION AND MEDIATION IN THE PUBLIC SECTOR ‐ THE GERMAN EXPERIENCE

Abstract

The article argues that one should look not only at attempts to reduce governmental regulation via privatization and deregulation, but also to pay attention to new modes of dispute‐resolution in highly complex and controversial issues. Following an alleged ‘crisis of regulatory policy’, the authors discuss ways and means of negotiation and mediation in the public sector. Based on American approaches, the German experience is at the forefront of their interest. The systematic and at the same time empirically oriented analysis looks at ‘alternative’ ways to regulate through cooperative behaviour, evaluates attempts at unassisted and assisted negotiations as a means of conflict resolution, and sheds light on the necessary framework for the use of mediation policies and techniques. A careful optimism on the use of negotiation and mediation in public sector disputes prevails.