What types of evidence are admissible in mediation?

In Wisconsin, the admissibility of evidence in mediation is based on the Wisconsin Evidence Code. Evidence is generally admissible if it is relevant and has probative value. The types of evidence that may be admitted in mediation include documentary evidence, such as written contracts, emails, letters, and notes, as well as physical evidence, such as objects and photographs. In addition, testimony from witnesses, including expert witnesses, may be allowed if deemed relevant and reliable. In addition, documentary evidence may be admissible in the form of previous court decisions, prior agreements, and transcripts of past court proceedings. In order for these to be accepted as evidence, they must be authenticated, or proven to be reliable, by a third party. Finally, certain types of hearsay evidence may be admitted in mediation if it is deemed reliable and relevant. Hearsay evidence consists of statements made outside of the court by people who cannot be present to testify in the mediation process. For hearsay evidence to be admissible, it must have a high degree of reliability and closely relate to the dispute at hand. Ultimately, all evidence that is submitted must be relevant to the dispute and be deemed reliable by the mediator. The role of the mediator is to ensure that all evidence is properly considered and that the parties involved in the mediation process are able to present their case in a fair and unbiased way.

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What types of evidence are admissible in mediation?

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