What types of evidence are allowed in a mediated settlement?
In a mediated settlement in Pennsylvania, each party can present evidence that will help them reach an agreement. Acceptable types of evidence in mediation include oral testimony, written documents, photographs, physical objects, and other types of evidence that are relevant to the dispute. Oral testimony is witness testimony given in the presence of the mediator and both parties during mediation. Written documents are records, such as letters, emails, contracts, or other documents that are relevant to the dispute. Photographs can be used to show changes that have occurred due to the dispute or to document events or conditions that occurred before or during the dispute. Physical objects can be brought to the mediation to help support a party’s claim, such as tools, parts, or machinery. The mediator may also allow evidence that may not be admissible in a trial or other court proceedings, as long as it is relevant to the dispute. Some examples of this type of evidence include credit card statements, bank records, or other records that may not be court-admissible. In addition, the mediator may limit the types and amount of evidence presented in mediation. For example, the mediator may limit the number of oral witnesses each party can present or may limit the size of any document or object that can be presented during the mediation. By limiting the amount of evidence and the types of evidence that can be submitted, the parties can focus on the key issues they need to resolve in order to reach an agreement.
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