Without prejudice

"Without prejudice" is a phrase commonly written at the top of letters or emails sent while trying to settle a dispute. The idea is that parties can make offers and concessions openly, without those offers later being shown to a court as an admission.

The label is generally understood to work only where there is a genuine dispute and a genuine attempt to settle it. Writing the words on a document does not by itself guarantee it will be treated as protected, and the rules differ between places.

A related phrase, "without prejudice save as to costs", is often used for offers that a party may want to show the court later, when costs are decided. Because the details vary, people commonly take advice before relying on either label.