NON-USE IN SUBSEQUENT PROCEEDINGS Clause Samples
The "Non-Use in Subsequent Proceedings" clause prevents information, statements, or admissions made during a particular legal process—such as settlement negotiations or mediation—from being used as evidence in later legal proceedings. In practice, this means that if parties discuss potential resolutions or make concessions during these discussions, those communications cannot be introduced in court or arbitration if the dispute escalates. This clause serves to encourage open and honest dialogue during settlement efforts by protecting parties from having their words used against them later, thereby facilitating more effective dispute resolution.
NON-USE IN SUBSEQUENT PROCEEDINGS. The parties agree that this Agreement may not be used as evidence in any subsequent proceeding of any kind except one in which one of the parties alleges a breach of the terms of this Agreement or the Waiver and Release of Claims or one in which one of the parties elects to use this Agreement as a defense to any claim.