Without prejudice

'Without prejudice' is the label traditionally placed on communications made in a genuine attempt to settle a dispute. Such communications are protected by settlement privilege: they generally cannot be put before the court as evidence, on the policy that parties should be able to negotiate frankly without fear that concessions will be used against them.

The privilege attaches because of the settlement purpose of the communication, not the label itself: marking a letter 'without prejudice' does not protect a communication that is not a real settlement overture, and omitting the words does not strip protection from one that is. The privilege belongs to both parties and has recognized exceptions, including proving the existence or terms of a concluded settlement. In practice, keeping settlement discussions clearly separated from open correspondence is a basic discipline of civil practice.