What types of evidence are allowed in a mediated settlement?

Evidence allowed in a mediated settlement in California must meet certain requirements. Generally, this means that evidence must be relevant to the dispute and not unfairly prejudicial or inflammatory. Evidence can be presented in many different forms, including documents, photographs, testimony, or other physical items. Documents, such as contracts or emails, are a common type of evidence used in a settlement. This type of evidence can be helpful in establishing the facts of a case or providing insight into the parties’ intentions. Photographs can also be used to explain circumstances and help a mediator or other parties understand the situation. Testimony of witnesses who have direct knowledge of the dispute can also be used as evidence in a mediated settlement. Finally, physical items such as prototypes or samples can be used to demonstrate how a certain product works or how something looks. In all cases, evidence should help clarify the dispute and be used for the benefit of the parties involved.

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