---
title: "List settlement communications and the purpose that might be raised"
url: "https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/check-whether-a-settlement-communication-can-be-used-in-evidence/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A6-OC20261022-8-US"
practice_area: "Arbitration & Alternative Dispute Resolution"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List settlement communications and the purpose that might be raised

> List each communication or document made in an attempt to settle, and which other purpose might be raised for it. Do not say that the communication is admissible.

Canonical page: https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/check-whether-a-settlement-communication-can-be-used-in-evidence/united-states  
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 which other purpose might be raised for it. Do not say that the communication is admissible. |
| What the lawyer must review | You decide which forum's rule applies, and you do not treat a listed purpose as a ruling that the communication comes in. Federal Rule of Evidence 408(a) says evidence of furnishing, promising, or offering, or accepting, a valuable consideration in compromising or attempting to compromise a claim, and conduct or a statement made during compromise negotiations about the claim, is not admissible on behalf of any party to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction. The criminal-case exception in 408(a)(2) is limited to negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority. Rule 408(b) says the court may admit the evidence for another purpose, such as proving a witness's bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution. In an AAA commercial arbitration, Rule R-35 says conformity to legal rules of evidence shall not be necessary, and the arbitrator determines admissibility, relevance, and materiality. In an AAA commercial mediation, M-10 says the parties shall not rely on or introduce as evidence in any arbitral, judicial, or other proceeding the views, admissions, mediator proposals, and indications of willingness that M-10 lists, unless agreed by the parties or required by applicable law. |
| Written for | United States |
| Applies to | [Check whether a settlement communication can be used in evidence](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/check-whether-a-settlement-communication-can-be-used-in-evidence.md) |

## Checking plan

- What the AI does: List each communication or document made in an attempt to settle, and which other purpose might be raised for it. Do not say that the communication is admissible.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Rule 408 is a court rule. Rule R-35 says conformity to legal rules of evidence is not necessary in the arbitration.
- M-10 is the bar on the mediation communications it lists. It is not Rule 408.

## Sources

- [AAA Commercial Arbitration Rules and Mediation Procedures (arbitration rules effective 1 September 2022; mediation procedures effective 1 June 2026)](https://www.adr.org/media/ueonklrv/2026_commercial-arbitration-rules-mediation-procedures.pdf) (checked 2026-10-22)
- [Federal Rule of Evidence 408](https://www.law.cornell.edu/rules/fre/rule_408) (checked 2026-10-22)

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