What are the rules of evidence in an alternative dispute resolution process?

In California, the rules of evidence in an alternative dispute resolution process are based on the kind of dispute resolution being used. Typically, they are less formal than the rules of evidence in courtrooms. In a negotiation process, the disputants (people involved in the dispute) can bring any evidence, including written documents, testimony from witnesses, and informal exhibits. The evidence can be presented to the other party directly or to the mediator in a closed session. The mediator does not make decisions about what evidence is admissible in the process. In an arbitration process, the arbitrator (the mediator who makes the decision) can set rules about what evidence is admitted. Generally, evidence should be relevant, reliable, and authentic. The arbitrator may also review written documents, testimony from witnesses, and informal exhibits. If the dispute is resolved through mediation-arbitration, the rules of evidence in an arbitration process will apply if the parties cannot resolve the dispute through mediation. The arbitrator will then decide what evidence is admissible and make their determination based on the evidence. Overall, the parties involved in an alternative dispute resolution process have the power to decide what evidence is presented and to set the rules of evidence.

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What are the rules of evidence in an alternative dispute resolution process?

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