Alternative Dispute Resolution
May 21, 2010
The Confidentiality SanctityOf Settlement 'Tactics'
Marco Turk asks whether the confidential sanctity of settlement negotiations includes settlement "tactics."
A. Marco Turk
Emeritus Professor, CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
Generally, evidence of settlement offers is excluded to establish liability at time of trial (Evidence Code Sections 1119 et seq., 1152). But what about settlement tactics? Are they also excludable for the same reason that settlement negotiations will be discouraged if such evidence can be used against a party later? If you think they are excludable, think again.
The issue was considered in Long Beach Memorial Medical Center v. Superior Court, etc., et al. (2009 DJDAR 4926,...For only $95 a month (the price of 2 article purchases)
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