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

In an Alternative Dispute Resolution (ADR) process in Washington, the rules of evidence are similar to those of a courtroom. During the process, both parties can present relevant information, documents and evidence to support their position. The evidence must be presented in an appropriate and relevant manner, such as through oral testimony, documents, or physical objects. Both parties must have the opportunity to examine any evidence presented by the other side in order to dispute its accuracy or authenticity. The trier of fact in the ADR process (the mediator or arbitrator) will also be allowed to question any witness or party that has presented evidence. Information which is obtained during the process, including evidence, is kept confidential and is not released to any third parties. In order for evidence to be accepted, it must meet the criteria of “relevance, materiality, and admissibility.” Relevance refers to how applicable the evidence is to the dispute at hand. Materiality is how essential the evidence is to the dispute. And admissibility focuses on whether the evidence was legally obtained and is legally permissible. If the evidence does not meet all three of these criteria, then it cannot be considered. Alternative Dispute Resolution processes are designed to provide a more efficient and cost-effective means of resolving disputes than a courtroom trial. Although the rules of evidence used in ADR processes are similar to those in a courtroom, they are not as formal and are more flexible. As such, evidence must still be relevant and admissible, but it may not have to meet the more stringent standards used in the courtroom.

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

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