What Without Prejudice Means
A settlement conversation was labelled this way and you want to know what it means.
Without prejudice is one of those phrases that sounds like a warning, but it is actually meant to protect an honest conversation between two sides.
What It Means
It signals that a discussion is a genuine attempt to settle a dispute, and that what is said during it generally cannot later be used as evidence against either side.
The idea is to let both sides speak more freely about possible settlement terms, without every word being treated as a formal admission.
Why It Matters To You
Knowing this protection exists can make it easier to hear out a settlement offer honestly, rather than treating every conversation as something that could be used against you later.
The protection is not unlimited, and its exact scope can depend on the specific circumstances, so it is worth having a lawyer review anything significant before you agree to terms.
Can What You Say Be Used Later
Genuine settlement discussion is generally protected, but a clear, separate admission unrelated to the settlement itself may not automatically fall under the same protection.
If a settlement offer follows this kind of conversation, read about settlement and negotiation for how to weigh it properly.
Whether or not you settle, check your 60-day filing window on the deadline calculator so it does not lapse while talks continue.
Telling us what was said during your without prejudice discussion helps us explain what it means for your next step.
Common questions
Can what I say in a without prejudice conversation still hurt my case?
The whole point of the label is to protect genuine settlement discussions from being used as evidence, though the protection generally applies to real settlement talk, not to every remark made during it.
Does my employer have to label something without prejudice for it to count?
The label helps make the intention clear, but what actually matters is whether the conversation was genuinely a settlement discussion, not simply the specific words used to describe it.
Keep reading
Telling us what was said during your without prejudice discussion helps us explain what it means for your next step.