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

Alternative dispute resolution, or ADR, is a process designed to resolve disputes involving two or more parties without the need for a lengthy and expensive court battle. Utah law requires that certain disputes, such as small claims cases, be heard first in an ADR setting. When using an ADR process, the parties are generally expected to present evidence that supports their case. This can include documents, such as contracts, pictures, emails, or any other type of written agreement that could help prove the parties’ respective positions. In addition to documents, verbal testimony from witnesses may also be accepted. For a more formal agreement, the parties may be asked to present video or audio recordings, such as a deposition. This would allow the ADR process to access information from witnesses or experts. Witness testimony and the parties’ respective arguments are also important pieces of evidence for an ADR process. This allows the process to consider the facts, as well as the feelings and opinion of the individuals involved. In certain cases, it is possible to present “evidence in the form of a sworn statement from a party or witness” as an alternative to presenting them in court. This allows the ADR process to consider evidence that may not be readily available in traditional courtroom settings. Overall, the types of evidence that can be presented at an ADR process is up to the discretion of the process itself. However, typical evidence accepted includes documents, recordings, witness testimony, and arguments presented by the parties.

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