What types of evidence can be presented at an alternative dispute resolution process?

In Hawaii, evidence which is admissible in an Alternative Dispute Resolution (ADR) process is governed by the Hawaii Rules of Evidence. Generally, any evidence which would be allowed in a traditional court setting may be used during an ADR process. This includes both direct evidence, such as witness testimony, writings, photographs, audio recordings, and physical objects, as well as indirect evidence, such as expert opinions, inferences, or legally relevant facts. Additionally, witnesses may be called in to testify in an alternative dispute resolution setting in order to provide information that could help parties reach a resolution. The types of evidence which may be presented during the ADR process depend on the specific nature of the dispute. For instance, if the dispute involves a contract, then copies of the contract as well as evidence related to the breach of the contract may be presented. If the dispute is related to financial issues, then evidence related to the finances of the parties involved may be presented. In addition, evidence related to the credibility of the parties involved may also be presented. An important thing to note is that an ADR process, unlike a traditional court proceeding, is a confidential setting. This means that any evidence presented during the ADR process cannot be used in any subsequent court proceedings. Therefore, it is important to ensure that any evidence which is presented is relevant to the dispute and is presented in a manner that is consistent with applicable legal rules and regulations.

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