ABSTRACT
Preparing for mediation as a mediator is similar to preparation for trial as a barrister. This can be partially accomplished at an early stage before the actual mediation via an early assessment of the relative merits of the dispute, and this is what is referred to as pre-mediation information processing. Early dispute assessment provides the mediator with several distinct benefits. Additionally, should the mediator desire, it allows time, prior to mediation, to ask for further documentation, such as copies of all contracts, correspondence, emails and documents pertaining to the dispute. Witnesses are occasionally brought to complex international mediations where their evidence, or evidence that they might present should the matter proceed to litigation, can be made known both to the mediator and to the other side. On some occasions due to the location of the project or the portion of the work an actual witness will not be physically able to attend the mediation.
