Settlements Attempts/Offers Confidential?

Asked over 2 years ago - Lynwood, CA

Under what authority are settlement attempts/offers confidential? Citations would be helpful.

Attorney answers (5)

  1. Elizabeth Smith-Chavez

    Contributor Level 12

    9

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    Best Answer
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    Answered . There is a difference between "confidential" and "usable." Generally communciations regarding settlement, uncluding offers, cannot be used to establish liability, but they are generally not confidential and may be usable for other purposes.

  2. Frank Wei-Hong Chen

    Contributor Level 20

    9

    Lawyers agree

    Answered . To either to prove or disprove the validity or amount of a disputed claim.

    See California Evidence Code sections 1152 and 1154, and Rule 408 of the Federal Rules of Evidence.

    Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in... more
  3. Eric D Ridley

    Pro

    Contributor Level 14

    8

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    Answered . California Evidence Code 1152

    This answer is intended to provide general information only. It does not create an Attorney-Client relationship... more
  4. Christine C McCall

    Pro

    Contributor Level 20

    7

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    Answered . But a settlement offer can by its terms provide that it is to be held confidential as against all others, or as against all but some others. Of course, the offer itself won't be confidential there unless it is accepted. it is also possible for the parties to agree to enter into confidential settlement proceedings in which all offers and discussions will be held confidential. Or, some contend that if the offer occurs in the course of mediation, then it is confidential by virtue of that fact -- that analysis is not universally accepted, but it is common.

    In short, when parties are finally ready to talk settlement almost all variables are possible.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  5. Jon Martin Pettis

    Contributor Level 13

    4

    Lawyers agree

    Answered . See the other answers. They were each useful.

    Any comments offered are not intended as legal advice. This attorney does not know the specifics of the... more

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