What types of evidence can be presented at a mediation hearing?

In Maryland, all parties to an Alternative Dispute Resolution (ADR) process must have the opportunity to present evidence. Mediation is one type of ADR process used in Maryland. During a mediation hearing, parties can present evidence to the mediator in an effort to prove their case. Types of evidence that can be presented during a mediation hearing include documents, photographs, recordings, graphs, sworn statements, medical records, and other types of evidence relevant to the dispute. The mediator will review the evidence and use it to assist in developing the best possible solution to the dispute. Parties are free to provide whatever evidence they believe is necessary to prove their case, but it’s important to note that the mediator has the final say in what evidence is used and how it is used in the mediation process. Both parties may be asked to provide witness testimony at the hearing and explain their version of the facts. Witnesses can present evidence on behalf of either party, such as documents that show a timeline of events, photographs, and other pieces of evidence that support their testimony. Ultimately, the types of evidence presented depend on the specific dispute and what the parties and mediator deem to be relevant. With that said, all evidence presented must be relevant to the dispute and must demonstrate how the parties could resolve the dispute in a mutually beneficial manner. By presenting evidence, parties can demonstrate the facts and further explain their position in the mediation process.

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