What types of evidence are admissible in mediation?

In Texas, mediation law is set by the Texas Mediation Code. This code dictates the types of evidence that can be presented at a mediation. Generally, in Texas, the mediator, or the neutral third-party who assists in the resolution of the dispute, will decide which evidence is relevant and admissible. Evidence that is admissible in mediation includes both physical and verbal evidence. Physical evidence could include items that verify facts and agreements such as contracts, deeds, and other documents. Verbal evidence could include testimony from witnesses, video recordings, and recorded conversations. Mediators can also require parties to provide documents, records, and information which will be used to assess the issues in the dispute. In some cases, mediators may be permitted to call expert witnesses or to consider their analysis of the matter. The mediator will also consider whether the evidence is reliable, accurate, and relevant to the dispute. Mediation can be less formal than a courtroom, so the mediator can also consider other factors, such as credibility, reputation, and prejudice, in determining which evidence to allow. In many cases, the mediator may determine that certain evidence is not admissible, such as evidence that would be considered hearsay or that does not have enough probative value. Ultimately, the mediator will use his or her discretion in determining which evidence is admissible and which is not.

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What types of evidence are admissible in mediation?

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