What types of evidence are admissible in mediation?

In Arizona, evidence that is admissible during a mediation session includes both documents and physical or testimonial evidence. Documents are things like contracts, court filings, or any other written records pertinent to the case. Physical evidence can either be presented in the form of objects or photographs. Testimonial evidence, sometimes referred to as witness testimony, is verbal evidence given by someone present to the mediation session. Anyone involved in the mediation has the right to review and challenge any presented evidence, as long as it is relevant to the case. Before the mediation begins, the mediator will inform all participants of which types of evidence are allowed. It’s important to note that mediation does not follow the same rules as a trial, so it is up to the mediator to decide which types of evidence are admissible in a particular case. In addition to these types of evidence, the mediator may also take into account things like prior experience, public policy, and industry standards when making a decision. For example, if the case involves a dispute between two parties in the real estate industry, an experienced mediator may be familiar with accepted practices in the industry and could consider them as part of their decision. Ultimately, the types of evidence that are accepted in a mediation session must be relevant to the case, and should be determined by the mediator and agreed upon by all parties.

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What types of evidence are admissible in mediation?

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