What types of evidence are admissible in mediation?
In the state of Washington, mediation is a form of alternative dispute resolution, through which parties to a dispute seek to mediate a resolution. During mediation, each party will submit evidence to the mediator, who will guide the parties to a resolution. Admissible evidence during mediation must meet certain criteria to be considered valid. The most common types of evidence admissible in mediation include video or audio recordings, written documents, photographs, tangible items related to the dispute, and witness testimony. Witnesses can be called upon to provide firsthand knowledge of what took place and the facts surrounding the dispute. All evidence must be relevant to the dispute, and must not contain hearsay, which is a statement made by someone who did not witness the event in question. In addition, any evidence that is used must be relevant. This means that any material presented to the mediator must be related to the dispute at hand, and could influence the parties to reach a resolution. All parties must disclose all material evidence to the other party and to the mediator. Any evidence that was not disclosed at the start of the mediation can still be used, however, it can be disputed by the other party. All evidence presented during mediation must meet the criteria of relevance, authenticity, and legality. Along with this, each party must be given the opportunity to review all evidence presented before the mediation begins. This is essential, as it allows both parties to understand all of the evidence which will be used throughout the mediation.
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