The exclusion of settlement offers includes which of the following?

The exclusion of settlement offers refers to the principle that certain statements or offers made in the course of settlement negotiations are not admissible in court to prove liability or damages. This principle is grounded in public policy, as it encourages parties to engage in honest and open negotiations without the fear that their offers or statements could later be used against them in litigation.

Choosing to exclude offers and accompanying statements as evidence aligns with this policy, as it protects the negotiation process and allows both parties to explore settlement options without jeopardizing their case. The rationale is that if parties know that their offers will be held against them, they may be less willing to negotiate and settle disputes amicably.

In contrast, offers made only during negotiation would not encompass the broader context of pretrial settlement discussions that might include various statements made to facilitate resolution. Settlement amounts themselves can be disclosed under certain circumstances and do not inherently carry the same protection. Confidentiality agreements, while they may arise during settlement discussions, relate more to the protection of disclosed information rather than the exclusion of offers or statements regarding liability. Thus, the correct focus is on the exclusion of offers and accompanying statements, which fully captures the protective intent of this rule.