Incentive to the settlement of eventual disputes from the evidence law

Abstract

The article discusses if an evidentiary exclusion applies to the offerings or concessions made while settling a dispute. The analysis starts with the example of the United States, wherein a specific evidence rule exists pertaining to the admissibility of assertions made during the settlement of dispute. It further enters the study of Colombian law, with initial comments on precontractual rules of conduct in the context of the construction of a settlement agreement. Other comments follow on the new constitutional dimension of the evidence, as an evolution of the traditional Colombian ritualism. Finally, the discussion focuses on the application of the exclusionary constitutional rule to the initial hypothesis, based upon the fundamental right to intimacy.

Federal Rules of Evidence of the United States, that contain a specific rule regarding the exclusion of evidence