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It looked as if the day had been wasted. But the mediator asked the would-be payer to keep his final offer open until the end of the week. Late on Friday afternoon, the potential payee backed down and accepted the deal — as I had guessed he would. The alternative would have been costly and time-consuming litigation. Both sides simply wanted to move on.

Although anybody — even a journalist — can set up shop as a mediator, the process depends hugely on the skills of the person conveying offers from one side to the other. It helps if the mediator is familiar with the area of business in dispute, if only so that he or she can follow the jargon and predict what a court might do. 

Sometimes, what's needed is the skill of a diplomat. And that is why nine former British ambassadors have recently trained as mediators with the ADR Group, one of the bodies that specialise in dispute resolution. I trained alongside them, and very good they were at playing the roles of awkward trading partner and emollient mediator.

Sir Stephen Brown, a former High Commissioner in Singapore and co-chairman of ADRg Ambassadors, tells me that the ability to negotiate settlements is one of the principal skills that one acquires in a diplomatic career of 30 years or more. British diplomats are often called in to resolve disputes between the host government and a UK-based business.

"One of the definitions of a diplomat is that he builds ladders for other people to climb down," Sir Stephen says. He recalls a problem that arose in China when the central government unexpectedly changed its tax laws, rendering a newly-constructed British factory unviable. "We influenced the Chinese into thinking that it was in their long-term interest to find a solution."

Having resolved the dispute in a way that allowed both sides to feel they had emerged victorious, he now relishes the prospect of using his newly-honed skills to find common ground in unfamiliar places. 

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John Sturrock
March 27th, 2010
7:03 AM
It is very helpful and encouraging to read about mediation in this informed way. It might also be helpful for readers to be aware that it is probably quite unusual for mediation to start with an invitation to both parties to address each other from opposite sides of a table. Very often, much work will have been done beforehand in the lead up to the day of mediation, preparing all those taking part to make best use of the day. On the day itself, many experienced mediators will meet privately with the parties first so that when they meet together they - and the mediator - are well prepared for that meeting and can make best use of the time. Mediation is a very flexible process and parties should expect the mediator to be looking for thoughtful and constructive ways to engage them throughout.

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