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%0 Thesis %A Wambach-Schulz, Marita Katharina %T Im Spannungsfeld anwaltlicher Mediation : eine qualitativ-empirische Studie zur Rekonstruktion der professionellen Praxis mediatorischen Handelns von Akteurinnen und Akteuren in der Bereichsspezifik anwaltlicher Mediation %I RWTH Aachen University %V Dissertation %C Aachen %M RWTH-2018-227255 %P 1 Online-Ressource (XII, 13-449, XI-XXIX Seiten) : Illustrationen %D 2018 %Z Veröffentlicht auf dem Publikationsserver der RWTH Aachen University %Z Dissertation, RWTH Aachen University, 2018 %X The practice of lawyer-supported mediation belongs to a field that still is to be properly covered by empirical researched. The starting point of this study is the differentiation of profession-specific practices that are located at the interface between two areas of activity and which comprise an area-specific logic comparable to lawyer-supported mediation. Within the legal profession, the extrajudicial process of mediation is not part of the genuine work area of an advocate and implies a different, unfamiliar interpretation of the roll taken by the respective lawyer. The actors operate in a dialogically emphatic, neutral and non-partisan manner. At the same time, they do not have decision-making competencies, which is likely to have a significant impact on the development of the relations to the client. By means of suitable professional training and based on an existing legal background, such a modified changing requirement profile can be acquired within a relatively short period of time. This is part of the current expansion activities of the advocate profession. The study therefore illustrates how the actors interpret their reality of consulting in the practice of mediation. A qualitative empirical reconstruction addressing the question of tensions that are specific to the structure of lawyer-supported mediation is presented. It was also to be asked how the paradoxical portions of the identified tensions were interactively and subjectively overcome. In order to clarify lead questions that remain, the study locates itself in a theoretical framework of interactionistic profession thoughts and the current educational domain of discourse of profession research. It can be related to the disciplinary field of vocational education. The research strategy of Triangulation served as survey instrument, making use of both narrative and problem-centered interviews. Equally differentiated, methodological perspectives served as evaluation sets. The study makes use of the Grounded Theory methodology and of the application of a theory pattern based on the concept of conflicting objectives according to Helsper (2002/2016). At its core, 13 constitutive antinomies with separate forms of appearance, potentiations and structural variants were generated. Furthermore, paradox contradicting constellations in the area of meso- and macrostructural frames were found. In addition, constraints of a historically evolved legal system, which significantly characterize lawyer-supported mediation, were identified. Apart from expectable knowledge gains, the study surprised could also surprise with respect to the complexity of its results. At the same time, an outlook is given on additional and deeper research perspectives in the area of profession-specific acting and on the topic of mediation. %F PUB:(DE-HGF)11 %9 Dissertation / PhD Thesis %R 10.18154/RWTH-2018-227255 %U https://publications.rwth-aachen.de/record/731030