Confidential interactions (written and oral) between parties who are genuinely trying to resolve a dispute are often marked as “without prejudice” (WP). It is actually an abbreviation for the statement: “Although I am trying to reach an agreement with you, I do not admit or admit or waive any argument or right – therefore, my offers to enter into a trade agreement are without prejudice to my main position that I am right and you are wrong.” Without prejudice, the privilege may apply to oral and written communications. There are exceptions to the general rule of inadmissibility, that is. B certain communications which are admissible with regard to the question of costs. They will then often give you a letter with the inscription “without prejudice” setting out the details of this offer and sometimes the reasons for the offer and the consequences of the non-acceptance (for example. B, you will initiate enforcement proceedings or there will be a dismissal exercise). If the case is dismissed “impartially”, the action may be resubmitted by the plaintiff. Before a defendant has responded to the lawsuit or filed a motion in the case, a plaintiff can generally more easily request an “impartial dismissal” and do so for tactical reasons, for example. B from another jurisdiction.
Similarly, after filing a voluntary application for dismissal, claimants are limited to a single additional filing of the action, after which they can be excluded from the new submission.    In general, it is very rare in labour proceedings for a judge to be shown conversations or correspondence without prejudice, and generally only in cases of discrimination or denunciation where evidence of wrongdoing has appeared in correspondence. Pre-damaged rules are likely to play a role in any job negotiation, so it`s important to understand what they mean and how the collateral they allow in negotiations can be used. It is important to note that all correspondence between an employer and an employee that is contentious should not be marked as “impartial”. For this label to be affixed to a letter, it must include some form of settlement offer from one party to another. For example, an official letter from a former employee setting out his or her allegations against the employer will not receive any correspondence “without prejudice, unless the letter further indicates that the employee is willing to settle claims in the manner set out in the letter. If a letter is incorrectly marked as “impartial”, the parties may agree that it can be admitted as evidence. Alternatively, the court has the discretion to decide that the correspondence (or part of it) is not truly impartial and should therefore be allowed.  If it`s a verbal conversation, you or your employer should clearly say, “Does it bother you if we speak without prejudice” or words to that effect. (See our guide to unbiased meetings and conversations.) The reason for this rule is to encourage parties involved in a dispute to try to settle their disputes amicably by offering them the opportunity to express themselves freely without fear that what they say could be used against them if the case is not settled. There must be a dispute between the parties at that time, and the WP rule only applies to negotiations that constitute genuine attempts to resolve the dispute.  As evidence, if both parties to the impartial material agree that it should be admitted in court.
For example, a letter saying “impartial except costs” could be shown to a judge after a case has closed to make a decision on all outstanding cost issues. If an opponent unduly attempts to use material without prejudice, an objection must be raised as soon as possible. In practice, it is normal for the parties to agree on the package of documents to be submitted to the court before the trial. This means that a party must be informed in advance that its opponent intends to rely on elements without prejudice and that it can contest it.  If it is a written document, it must be clearly marked with the words “without prejudice” or “impartial and contractual”.  If the exchange reveals clear and impartial evidence of perjury, extortion or other unambiguous criminal misconduct or conduct; A court can sometimes expressly assure a litigant that a lawsuit does not affect them. For example, if a defendant left at home an important document that he needed for the hearing, the court can assure him that continuing the proceedings at a later date will not affect him in any way – that is, it will not affect the court`s judgment in a way that disadvantages him. Or a court can assure a litigant that consent to a temporary agreement,. B, for example, on the custody of property whose ownership is disputed, does not affect his rights in relation to the final judgment of the court in the case. In other words, the party to the proceedings does not waive rights other than those to which it expressly waives temporarily.
For your purposes when negotiating a settlement agreement, it is very likely that there is already a dispute, and so you can assume that you or your employer can start communicating without prejudice. (See our guide on how to write letters without prejudice.) However, in exceptional cases, it may be used in legal proceedings without prejudice to exchanges. These circumstances are as follows: Notices between parties that are part of a serious attempt to resolve a dispute and that are expressly designated as “impartial” or implied are protected by impartial privilege. This means that they are inadmissible in court and cannot be subject to a disclosure order in any proceedings (subject to certain exceptions). The intention is to exclude from the taking of evidence all negotiations that are genuinely aimed at settlement and to encourage the parties to seek a settlement of their disputes by allowing them to express themselves freely, bearing in mind that such communications cannot be disclosed at a later date if they do not reach an agreement. .