Mediation is an alternative resolution method carried out by a neutral third party to resolve disputes without going to court. In this process, mediators play an important role in facilitating communication between the parties, generating compromise options and helping them reach a common solution.
Evidence also has an important place in the mediation process. The parties can present documents, witness statements and other evidence related to the dispute to the mediator. Mediators try to better understand the parties’ claims and perspectives by evaluating this evidence.
However, since mediation is not a lawsuit, the presentation and evaluation of evidence differs from judicial procedures. The purpose of evidence in mediation is to reveal all aspects of the dispute and create common ground between the parties rather than to prove the parties’ righteousness.
The Role of Evidence in the Mediation Process
Clarifying the parties’ claims and perspectives: By examining the evidence, mediators can better understand the parties’ attitudes and priorities regarding the dispute.
Establishing common ground: Evidence can be used to identify common ground and compromise opportunities between the parties.
Generating resolution options: Mediators can evaluate evidence to produce appropriate and fair resolution options for the dispute.
Facilitating agreement: Evidence can help the parties understand each other’s perspectives and become more likely to compromise.
Types of Evidence in Mediation
Documents: Contracts, invoices, emails, reports, etc.
Witness statements: Written or oral statements made by the parties or other individuals.
Expert reports: Reports prepared by individuals with special knowledge and skills related to the subject matter of the dispute.
Physical evidence: Photographs, videos, audio recordings, objects collected from the scene, etc.
Presenting Evidence in Mediation
Parties may present evidence to the mediator before or during the mediation meeting.
Mediators do not impose any formalities or restrictions on the presentation of evidence.
Parties may request that evidence remain confidential.
Mediators evaluate all evidence impartially and allocate equal time to the parties’ presentations.
Evaluation of Evidence in Mediation
Mediators evaluate evidence according to its importance to the resolution of the dispute, not its legal validity.
Mediators also consider whether the evidence is presented impartially and objectively.
Mediators evaluate the parties’ claims and perspectives in light of the evidence.