• Negotiation

Hi,

I would like to reach out to opposite party under dispute and negotiate a out of court settlement. However I am concerned if the conversation would be recorded and used against me. Is there any way I can go about this without compromising my position.
Asked 4 years ago in Civil Law

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22 Answers

You can file a memo before court seeking to refer the matter for mediation before lok adalat.

If you would like for an out of court compromise settlement you can negotiate the terms with the opposite party privately.

The recorded conversations between you both are not admissible as primary evidence in court of law in case  it is backed out and he prefers to continue with the case. 

T Kalaiselvan
Advocate, Vellore
90235 Answers
2508 Consultations

Send a letter regarding terms of settlement 

 

it should be marked as without prejudice

 

then wait for their response 

Ajay Sethi
Advocate, Mumbai
100032 Answers
8167 Consultations

Hello, 

That can happen. Since you mentioned a civil dispute and not a criminal nature dispute. Even the courts are also in favour of amicable settlement. For that a response through an advocate on his letter head without prejudice can be sent to the opposite party. Even if they show it to the court that will not be admissible as per law. Hence, go ahead. 

 

In case you require my consultation. I can be contacted here or on 

https://g.page/r/CfmI4KgE0neOEA0

Yuganshu Sharma
Advocate, Delhi
1141 Answers
4 Consultations

You can do it without prejudice and private conversation will not be admissible evidence

Prashant Nayak
Advocate, Mumbai
34708 Answers
250 Consultations

Before you begin the conversation, say you are negotiating with the opposite party purely on a 'without prejudice' basis and only with a view to reaching an amicable solution. You may also audio record or video record the proceedings as a precautionary measure. Additionally, let the transcript be signed by both parties.

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

Dear client, 

You can ensure that there is no recording taking place during the meeting, and that everything in the meeting is kept off record. You can also get the help of a lawyer during negotiation proceedings as well. 

Thank you. 

Anik Miu
Advocate, Bangalore
11081 Answers
125 Consultations

Sir, it is better you can refer the matter to the mediation so that you can settle the matter out side the Court and the conversations happened in the mediation will not be used as evidence against you.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

- Legally , you can approach the Court where the matter is going on for a settlement and to send the matter for mediation. 

- However , if the matter is criminal and cognizable offence then even after settlement matter cannot be withdrawn by the opposite party, but you can approach the High court for quashing the case filed by the complainant. 

-  Civil cases can be settled easily after informing the court. 

Mohammed Shahzad
Advocate, Delhi
15871 Answers
243 Consultations

- No, only email is not sufficient for proper proof of receiving the WS by the said court. Hence, you should send the same by post as well. 

Mohammed Shahzad
Advocate, Delhi
15871 Answers
243 Consultations

Yes it's enough

Prashant Nayak
Advocate, Mumbai
34708 Answers
250 Consultations

Mention without prejudice in email 

 

it should suffice 

Ajay Sethi
Advocate, Mumbai
100032 Answers
8167 Consultations

Yes, you can add the word 'without prejudice' in the proposed email correspondence/communication about this. 

That would protect your interests. 

T Kalaiselvan
Advocate, Vellore
90235 Answers
2508 Consultations

Dear client, 

the email should be sufficient. 

Thank you

Anik Miu
Advocate, Bangalore
11081 Answers
125 Consultations

Yes, in all communications with your opposite party, including e-mails, WhatsApp chats, mention "ON A WITHOUT PREJUDICE BASIS" without fail.

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

That is not recommended. Without prejudice is preferable to be a legal document. So, as advised it shall be through legal notice.

Yuganshu Sharma
Advocate, Delhi
1141 Answers
4 Consultations

Just orally telling that it was without 'prejudice ' cannot be legally enforceable. 

It should be in writing. 

One cannot interpret law to his whims. 

T Kalaiselvan
Advocate, Vellore
90235 Answers
2508 Consultations

Yes you can but with every ca re ordinary and it's 4 digit code. 

 

I have surrendered the Islamic and other not as Islamic bond

Prashant Nayak
Advocate, Mumbai
34708 Answers
250 Consultations

During phone call you can inform the defendant that this is an offer of settlement without prejudice 

Ajay Sethi
Advocate, Mumbai
100032 Answers
8167 Consultations

Yes, you may say that all your previous communications were also on a strictly 'without prejudice' basis. In the case of a telephonic conversations, say these words at the beginning, middle and at the end, and better record them.

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

Dear client, 

You may try to explain that the details of the phone conversations were on the basis of facts and not any prejudiced opinions.

Thank you. 

Anik Miu
Advocate, Bangalore
11081 Answers
125 Consultations

Dear client, 

You may try to explain that the details of the phone conversations were on the basis of facts and not any prejudiced opinions.

Thank you. 

Anik Miu
Advocate, Bangalore
11081 Answers
125 Consultations

- You can mention about the phone conversation ,and telephonically inform for the same. 

Mohammed Shahzad
Advocate, Delhi
15871 Answers
243 Consultations

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