Are Without-Prejudice Negotiations Still Confidential After Settlement?

Publications 4 February 2026

We are pleased to highlight a recent publication by Nicolas Gurtner, co-authored with Elliott Duplan, addressing the confidentiality of without-prejudice negotiations between lawyers and its treatment following the conclusion of an agreement.

The article, published by the Fédération Suisse des Avocats (FSA), contributes to the ongoing discussion surrounding the new Article 28 § 2 of the Swiss Code of Professional Conduct.

Source : https://anwaltsrevue.recht.ch/fr

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An article by Nicolas Gurtner, Elliott Duplan