This guide examines the issues that parties to a dispute should consider when seeking to negotiate terms of settlement. If you disagree with the offer, you can decline it.However, rejecting a settlement offer isn't as simple as saying, "Sorry, I won't accept it." Dismissal without prejudice is a legal term indicating that charges have been dismissed but can be refiled at some point. However, genuine Part 36 Offers are treated as "without prejudice except as to costs" whether or not this is stated in the offer (CPR. 36.16(1)). Impeachment will not adequately protect the moving party against prejudice in the event that evidence inconsistent with the answer is offered. An example of a without prejudice save as to costs settlement offer letter from a claimant (with drafting notes), also known as a claimant's Calderbank offer. With their help, you can be sure that whatever settlement you end up accepting is an accurate reflection of all of your losses. With prejudice, holding that the parties could not enter into a private settlement of FLSA claims without judicial or DOL approval. Without prejudice in case the settlement agree- ment was not consummated.