Can a settlement include confidentiality or non-disparagement terms?
General Mediation
Answer
Yes, in many disputes parties negotiate confidentiality or non-disparagement provisions. These clauses should be drafted carefully because they may affect future speech, disclosures to regulators, tax reporting, or legal rights.
Reviewed by Wayne Lazarus on September 15, 2026.
Reviewed by Wayne H. Lazarus, attorney with more than 50 years’ experience, member of the State Bar of Georgia and The Florida Bar, and of Alternative Dispute Resolution sections.
This information is educational and is not legal advice.