What types of evidence are allowed in a mediated settlement?
In Washington state, admissible evidence is allowed in a mediated settlement. Evidence can include affidavits, documents, photographs, and witness testimony. Typically, the parties involved in a mediated settlement will agree on the evidence that will be presented in the hearing. This can include written statements from both sides, documents, photographs, expert witness testimony, medical records, and other relevant evidence. In a mediated settlement, the parties involved must present either direct or circumstantial evidence. Direct evidence is evidence that directly supports the claim made in the settlement. Examples of direct evidence can include eyewitness accounts, photographs, and video. Circumstantial evidence is evidence that hints at an outcome without directly proving the claim. Examples of circumstantial evidence can include past relationships and communication between the parties, budgets and other documents, and any other information that suggest one party is at fault. In Washington, evidence presented during a mediated settlement is generally inadmissible in a regular trial. An exception to this rule is when the evidence presented during the mediation is relevant to a specific case, such as a breach of contract or a specific accusation made by a party. In that case, the evidence is admissible. However, if the parties involved do not settle the issue during the mediation, the evidence presented in the mediation is not admissible in a subsequent trial.
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