What types of evidence are allowed in a mediated settlement?

In Texas, evidence is presented to a mediator to help the parties reach a settlement. This evidence could include pleadings, documents, photographs, and transcripts. In addition, expert witnesses, such as economists, accountants, or experts in the field, can be called upon for testimony. Even physical evidence, such as models or other articles, as well as hearsay evidence, may be admitted into the proceedings. The Texas Evidence Code dictates which evidence is accepted in a mediated settlement. Examples of admissible evidence in Texas include evidence that is relevant, meaning it has some bearing on the issue at hand, that is reasonably necessary to prove the facts asserted, that is capable of being authenticated, and that is not prohibited by any other state law. In addition, hearsay evidence, which is evidence from an out-of-court source, may be accepted as long as it meets certain requirements and is otherwise admissible. The mediator is able to draw on this evidence to help guide the parties to an agreement. In the end, the parties to the settlement must both provide consent for any evidence that is used in the mediation process. This way, both parties have a say in what type of evidence is accepted and can guarantee that it is not only relevant and admissible, but also that it is fair and equitable to all parties involved.

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What types of evidence are allowed in a mediated settlement?

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