If you want the terms of your agreement to remain confidential, you better put it in the settlement agreement. You should not sign a confidentiality clause in a settlement agreement if you do not plan on keeping your settlement confidential.Confidentiality clauses in settlement agreements are the rule these days. Read about the ethical and practical issues of confidential settlement agreements. The parties also can informally negotiate and reach a Confidentiality Agreement. While not required, you should put any confidentiality agreement in writing. Nevertheless, once the parties reach an agreement on the essential terms, a formal written agreement is not required to enforce a settlement. There are six exceptions to confidentiality within section 44.405(4)(a), Florida Statutes.