The value of confidentiality in settlement negotiations can hardly be disputed. Parties routinely require it, the Federal Rules of Civil Procedure protect it, and it is standard in formal negotiations such as mediations. But in addition to seeking to protect the negotiations themselves and concessions that the parties may have made to reach a resolution, parties also regularly seek to protect the settlement agreements they reach with the other party. Without these confidentiality provisions, significantly fewer lawsuits would settle.
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