In voluntary ADR, evidence that would be inadmissible in litigation is usually deemed admissible in ADR proceedings.

Question

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Since voluntary ADR is conducted outside of the formal court system, the rules of evidence that apply in a courtroom may be relaxed or modified in order to promote efficient and effective resolution of disputes. This often means that evidence that would be considered inadmissible—such as hearsay or opinion testimony—may be allowed in ADR proceedings if it is relevant and helpful to the parties in reaching a mutually satisfactory outcome.

In Voluntary ADR, Evidence That Would Be Inadmissible in Litigation