What types of evidence are admissible in mediation?

In California, admissible evidence in mediation is evidence that is legally relevant, properly identified, and not subject to exclusion according to California Rules of Evidence. This evidence can include documents and other forms of evidence such as photographs, videos, or audio recordings. Witnesses may also be called to testify in mediation if both parties agree to it. If a witness is called to testify, both parties have the opportunity to cross-examine the witness. The type of evidence allowed in mediation will vary depending on the type of case. In a civil case, for example, the judge may determine that only evidence related to the dispute is admissible. On the other hand, a criminal case may require that both parties provide evidence about the crime. In certain situations, the mediator may also allow private conversations between the parties. These conversations are not recorded, and the mediator cannot act as a witness. This allows the parties to communicate confidentially to reach an agreement, and any agreements made in private cannot be used in a court of law. Ultimately, the type of evidence allowed during mediation depends on the mediator’s discretion. They may only allow direct evidence, circumstantial evidence, or even hearsay if the evidence is not unduly prejudicial. As a result, it is important for parties to provide the mediator with all the evidence that is required in mediation.

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What types of evidence are admissible in mediation?

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