What types of evidence are allowed in a mediated settlement?

In North Carolina, parties in a mediation process can present evidence to support their case and offers of compromise. Generally, North Carolina allows any type of evidence if the mediator believes it is relevant and material to the dispute. The most common types of evidence are witness testimonies, documents, and physical evidence. Witness testimonies can include depositions and sworn testimony from parties or other individuals with knowledge of the case. Physical evidence can include photos, videos, or objects that are relevant to the dispute. Documents can include contracts, emails, and other written documents. However, evidence presented to the mediator should be either non-hearsay or based upon reasonable belief, and it should be admissible under the rules of evidence. Such rules include whether the evidence is relevant, material, and the burden of proof necessary to accept it as fact. It is also important to consider the credibility of the evidence. Mediators typically consider the quality of evidence when reaching a decision. Parties should be prepared to present evidence that will help the court or mediator make an informed decision in the dispute.

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