A study on the admissibility of mediation-derived evidence in civil litigation
The admissibility of mediation-derived evidence in civil litigation involves the release of the intrinsic value of the mediation system,the improvement of the evidence admissibility rules,and the fairness of the litigation outcome.On the one hand,considering the mere relevance of the mediation-derived evidence and the other factors,such as public policy,appropriate inadmissibility rules should be established to limit the use of such evidence in civil litigation.On the other hand,given that different evidence have different sources,different probative values and different proof objects,the dimension of"appropriateness"and the scope of inadmissibility should be reasonably defined,in order to prevent the mediation process from being distortedly used as a tool for concealing evidence or hindering the discovery of the truth,Specifically,scenario-based analysis of inadmissibility can be conducted,so as to establish rules of limited admissibility and exceptions for evidence,such as"documents prepared for mediation","self-admission in mediation","mediation agreement",and"mediator's testimony".
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