What is the point of the "without prejudice" rule? This guide examines the issues that parties to a dispute should consider when seeking to negotiate terms of settlement.Can it be waived with the consent of the parties? The "without prejudice" rule applies in New York in the form of NY CPLR 4547. Draft professional 'without prejudice' email templates effortlessly with our AI assistant. 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." Head your response to the without prejudice proposal with 'without prejudice save as to costs' and do not say that you reject or accept her proposal. View on Westlaw or start a FREE TRIAL today, § . Letter to Client Recommending Rejection of Settlement Offer, Legal Forms.