Haus der Vermittlung

Abstract

This thesis delves into the intricacies of designing a courthouse in Berlin, aiming to address current and future challenges within the German legal system, as well as reimagining traditional courthouse design.
In Germany, public trust in institutional organizations and the government has witnessed a considerable decline. According to a DW survey, 25% express concern about the actions of politicians and the government. The introduction of the Hartz IV law, involving cutbacks in unemployment benefits, exemplifies one of the reasons for this mistrust. Germany’s highest court recognized the insufficiency of welfare benefits (Arbeitslosengeld II), particularly for families with children. Similar governmental scandals, such as the ‘allowance affair’ in the Netherlands, have fueled citizen distrust in government and legal systems.
One contributing factor to this erosion of trust is the inaccessibility of judicial help and the legal system. Legal representation by attorneys is prohibitively expensive, averaging around 250 euros per hour ([Source](faire-integration.de)). Additionally, the current legal systems face immense pressure due to a shortage of judges and judicial staff, resulting in an alarming backlog of cases. Germany, for eight consecutive years, holds the unfortunate record of the highest number of pending cases, with 400,000 cases yet to be opened ([EEUA, European, EASO Data](source)). This backlog is a direct consequence of the understaffed judicial system.
To alleviate the strain on the existing legal system and to enhance its accessibility, affordability, and comprehensibility, a shift towards mediation emerges as a potential solution. Mediation offers significant advantages, such as being more cost-effective. According to R. Lalanne, a typical case negotiated using a mediator may cost around $6,000.00, in stark contrast to the potential cost of over $35,000.00 for litigation, assuming both mediator and attorneys bill at $250.00 per hour.
Mediation is not only cost-effective but also holds the promise of being swift, efficient, and operates in a voluntary and cooperative manner. Thus, the proposal pivots from designing a traditional courthouse to conceptualizing a ‘House of Mediation.’ By prioritizing mediation over adversarial trial settings, this innovative approach aims to make the legal process more accessible to the public.