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نقش قضایی
c) Perception of the German judicial role: in the first place
A further factor that is having an impact upon the modem mediation move- ment in Germany is the perception of the German judicial role.61 German judges are required by law to attempt to settle a matter before hearing the case.
of the judicial role has led to one of two views amongst the members of the German judiciary: ( 1 ) Mediation already occurs in the courtroom and there- fore court related mediation programs are unnecessary; or (2) As mediation is, as a matter of law, part of the judicial role, judges are the natural and
Finally, the settlement function of the German judge must be consistent with the overall objective of the judicial role, namely to find a legal solution for the disputants.
According to Article 20 III of the German Constitution (Grundgesetz GG) the judicial role is bound by law and justice.
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