Change Comment Settlement For Free

Rule 408 does allow settlement discussions to be utilized for all other purposes, including bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

Settlement negotiations are not protected from discovery by a settlement-negotiation privilege. Although the Federal Circuit declined to create a settlement-negotiation privilege, it did not hold that settlement negotiations are presumptively discoverable.

A client may prefer a confidential settlement for a variety of reasons. For example, defendants may want a confidential settlement so as not to encourage additional claims or impair their reputation due to the perception of guilt that could accompany a settlement.

Under existing federal law evidence of conduct and statements made in compromise negotiations is admissible in subsequent litigation between the parties.The purpose of this rule is to encourage settlements which would be discouraged if such evidence were admissible.

As to mediations, confidentiality protections come from Evidence Code Sections 1115 -1128 and 703.5. Section 1119(c) states that all communications, negotiations, or settlement discussions by and between participants in the course of a mediation shall remain confidential (emphasis added).

That means that if you have offered to settle a case, that cannot be used against you and there are many reasons why a settlement proposal might be made.One of the primary reasons you make a settlement offer is that you might lose if you go to trial.

Rule 408 does allow settlement discussions to be utilized for all other purposes, including bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.