What types of evidence are admissible in mediation?

In Nebraska, mediation law allows for certain types of evidence to be admitted during the mediation process. Accordingly, all evidence that is relevant to the dispute must be considered. This includes documents, sworn statements, witness testimonies, and other physical evidence. Moreover, a mediator may also accept evidence that may relate to both parties’ emotions and feelings. This can be during the form of an individual’s statements, or even evidence of their nonverbal behaviors. In some cases, medical and psychiatric records, financial documents, and documents related to the property division in a divorce case can be admitted as evidence. The mediator will determine whether any evidence should be accepted or not. Generally, any evidence that is considered to be inadmissible for a court proceeding, such as hearsay, can be admitted for a mediation. Additionally, confidential information that cannot be disclosed in court, such as marriage counseling records, can be admitted into evidence in mediation. Finally, all parties must agree to the evidence presented, or it will not be admitted. It is important to remember that evidence that is admitted into mediation is not binding for litigation if the mediation process fails. Ultimately, it is up to the mediator to decide the admissibility of evidence.

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What types of evidence are admissible in mediation?

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