---
title: "Check whether a settlement communication can be used in evidence"
url: "https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/check-whether-a-settlement-communication-can-be-used-in-evidence"
type: "task"
site: "AI Law Framework"
id: "A6-OC20261022-8"
practice_area: "Arbitration & Alternative Dispute Resolution"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check whether a settlement communication can be used in evidence

> 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.

Canonical page: https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/check-whether-a-settlement-communication-can-be-used-in-evidence  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Arbitration & Alternative Dispute Resolution](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: 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 does: The lawyer decides whether the exclusion applies, whether an exception is made out, and whether to object or to consent.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Start from the exclusion in section 131(1). Then test only the exceptions in section 131(2).
2. Costs, enforcement of the settlement, and consent are separate exceptions. Do not treat one as covering the others.
3. The lawyer decides any fraud, offence or abuse-of-power exception. The tool does not assert that the exception is made out.
4. 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.

## Notes

- 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.

## Sources

- [Evidence Act 1995 (Cth) section 131](https://www5.austlii.edu.au/au/legis/cth/consol_act/ea199580/s131.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/check-whether-a-settlement-communication-can-be-used-in-evidence/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*