Samir N (General Queries) (Business) 05 July 2021

Can statements in settlement discussions be used as evidence

Can statements or admissions made in settlement discussions be used against the party making them?

I know that some foreign jurisdictions bar them to some extent. What about in India?

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6 Replies

ashish kolte 14 September 2021

No, it's the other Concept.

Pravin Banote 14 September 2021

yes may be

Nisarg Advocate he nath naraya 14 September 2021

no it is not in india

Vishwa Bhushan Arya (Service) 14 September 2021

With respect, I do not agree with the other opinion. Nothing but the Settlement, if any, is admissible. Discussions, offers, admissions during the settlement talks are not allowed to be even mentioned in the court even if such discussions, offers, admissions were in court-annexed settlement. That is the fundamental principle applicable all over India. Being a Mediator myself with Delhi High Court, I have always declared that principle in the very first session, before the settlement talk begins.

Samir N (General Queries) (Business) 21 September 2021

With respect to "Court-annexed settlement", I agree. In the absence of a court filing, for example, would that be admissible?

Vishwa Bhushan Arya (Service) 21 September 2021

My answer is still the same. In case, any such discussion and/or statement was important leading to settlement, then it ought to have been included as a recital in the 'settlement'. In absence of such recital, there would be no end to allegations and counter-allegations.