The Confidentiality Agreement shall be made a part of the case court records. 5. Terms of "Confidential" CoDefendant Settlement Prove Party Bad Faith and Earn Counsel a Disciplinary Referral.Generally, a settlement agreement may not prevent a party's lawyer from using the information learned during litigation. Accordingly, the confidentiality provision in the settlement agreement in question does not authorize the City to withhold the agreement. A confidentiality clause prevents legal teams and other members of a case from discussing certain facts related to a settlement. They are not confidential unless The parties signed an agreement to that effect at the outset. You should not sign a confidentiality clause in a settlement agreement if you do not plan on keeping your settlement confidential. Please be aware that forms will be displayed in a NEW browser window. Lawyers often walk out of mediations with a signed agreement that provides that a later, more detailed agreement is to be entered into. "Property" shall mean approximately 24 acres located at 2800 South.