What types of evidence are admissible in mediation?
In New Jersey, evidence that can be used in mediation is governed by Rule 4:14A-2. This rule states that any relevant evidence is admissible in mediation. However, the mediator may also allow for evidence to be presented that is not relevant if it serves the purposes of facilitation, settlement, or understanding of the dispute. Generally, the types of evidence that are admissible in mediation include documents such as contracts, emails, invoices, or notes; witness statements; and financial documents. Furthermore, real or personal property may also be admitted as evidence. Experts in a particular field may also be called upon to provide information to assist in a better understanding of the issues. The mediator is responsible for ensuring that all evidence is fairly and accurately presented, and that any evidence that is inadmissible or irrelevant is not used. The mediator also makes sure that the parties are given an opportunity to be heard and their voices are respected. This includes making sure that each party has the chance to respond to any evidence presented and has the opportunity to present their own evidence.
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