Check whether a settlement communication can be used in evidence
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List each communication or document made in an attempt to settle, and mark which exception in the section might be raised. The tool does not say that the evidence is admissible.
- What the lawyer must review
- The lawyer decides whether the exclusion applies, whether an exception is made out, and whether to object or to consent.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | List each communication or document made in an attempt to settle, and mark which exception in the section might be raised. The tool does not say that the evidence is admissible. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Start from the exclusion in section 131(1). Then test only the exceptions in section 131(2).
- Costs, enforcement of the settlement, and consent are separate exceptions. Do not treat one as covering the others.
- The lawyer decides any fraud, offence or abuse-of-power exception. The tool does not assert that the exception is made out.
- This list is not the mediation agreement and not the settlement agreement. It is not put into a filed submission unless the lawyer writes that submission.
Sources
- Evidence Act 1995 (Cth) section 131 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.