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The Exceptions to Settlement Privilege Crown Life Insurance Co., provides two exceptions to this rule. First, once an agreement is reached, there is no need for privilege to continue. Second, if litigation arises over whether a settlement was reached, communications relevant to that issue cannot be privileged.

Five Tips for Success When Negotiating Settlements With More Seasoned Attorneys Know the files. ... Understand what makes a good case?and build it from the start. ... Understand the strengths and weaknesses of your case prior to negotiations. ... ?Workshop? your case. ... The decision to settle will always be your client's call to make.

Settlement offers are only proposals to resolve the case. Parties must agree on the resolution of the case and prepare the appropriate documents for an offer to become a binding offer. Without agreement from the other party, the settlement offer is not binding.

Rptr. 444 (1984) (?While evidence of a settlement agreement is inadmissible to prove liability (see Evid. Code, § 1152), it is admissible to show bias or prejudice of an adverse party.?).

" FOR SETTLEMENT PURPOSES ONLY. THIS IS NOT AN ADMISSION OF FAULT AND. SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN. THE PARTIES' CONFIDENTIAL SETTLEMENT DISCUSSIONS.

Confidentiality protection in settlement negotiations comes from Evidence Code Section 1152. Section 1152 states that evidence of a compromise or offer of compromise is inadmissible to prove liability for loss or damage. The protections of Section 1152 extend to conduct and statements made in negotiation of an offer.

Conclusion. The Supreme Court has thus provided a useful reminder that settlement privilege protects the confidentiality of communications and information exchanged for the purpose of settling a dispute but the privilege is not absolute. Parties should therefore proceed with caution in settlement negotiations.