A Without Prejudice conversation is another mechanism used to protect the confidentiality of discussions between an employer and employee. What is the point of the "without prejudice" rule?Without the prejudice requirement, the bar is lower for an employee to show that the employer has waived the right to compel arbitration. "Without prejudice "communications can be made orally or in writing. That a party is entitled to under applicable law. (l). What is the point of the "without prejudice" rule?