What types of evidence are admissible in mediation?
In Pennsylvania, mediation proceedings are governed by the Pennsylvania Rules of Evidence. Evidence that is admissible in a mediation session includes any evidence that would be considered admissible in a court of law. This includes, but is not limited to, physical evidence, documentary evidence, and oral testimony of witnesses. Physical evidence is tangible, material evidence that can be used to form an opinion or to reach a conclusion. This could include photographs, videos, or objects related to the case. Documentary evidence is writing, documents, or other written communication that can be used to prove or disprove a claim. This could be letters, contracts, emails, reports, or other written documents related to the case. Oral testimony, or the testimony of witnesses, is also admissible in mediation. This type of evidence includes the testimony of people who have personally seen, heard, or experienced something related to the dispute. Witnesses must be present at the mediator and be able to answer questions from the mediator or both parties concerning the dispute. In Pennsylvania, mediation is voluntary and parties are free to present any evidence they believe is relevant to the dispute. However, before any evidence can be introduced and used in the mediation session, the mediator must determine if the evidence is relevant and appropriate, and is useful to resolving the dispute.
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