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In State v. Tracy, the Supreme Judicial Court of Maine affirmed the admission of statements and coduct from a small claims mediation in a subsequent criminal forgery trial. The court held that Maine Rule of Evidence 408(a) did not preclude the admission of the evidence from the mediation. This evidence was not being offered into a subsequent dispute between the original parties and did not pertain to the substantive issue from the mediation. Instead, the evidence was offered into a separate criminal proceeding between a participant to the mediation and a third-party.

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