The term "without prejudice" is a legal phrase used in litigation that allows parties to discuss and negotiate a settlement without affecting their legal rights or claims. When a party makes a statement or offer "without prejudice," it means that they can withdraw their claim or offer without admitting any liability. This phrase is often used to facilitate open discussions aimed at resolving disputes amicably.
"Without prejudice" is commonly used in various areas of law, including civil, family, and employment law. It enables parties to negotiate settlements without the fear that their statements will be used against them in court. This term is particularly relevant in cases where a claimant seeks to resolve a dispute before it escalates to a trial. Users can manage some of these processes themselves with the right legal templates available through US Legal Forms.
Here are a couple of examples of abatement:
Example 1: A plaintiff in a personal injury case may offer to settle for a specific amount "without prejudice." This means they can later decide to pursue the case in court if the settlement is not accepted.
Example 2: In a divorce case, one partner may propose a division of assets "without prejudice," allowing them to negotiate without risking their legal position if the negotiations fail. (hypothetical example)
| State | Notes |
|---|---|
| California | Widely accepted in family law and civil disputes. |
| New York | Used in civil litigation, but specific rules may apply. |
| Texas | Recognized in negotiations, but must be explicitly stated. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Difference |
|---|---|---|
| With Prejudice | A dismissal that prevents the same claim from being brought again. | Unlike "without prejudice," it bars future claims. |
| Settlement | An agreement reached between parties to resolve a dispute. | "Without prejudice" discussions can lead to a settlement without admitting liability. |
If you find yourself in a situation where "without prejudice" applies, consider the following steps:
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It means that statements made during negotiations cannot be used against a party in court.