I have a hearing coming up with defendant at the court. I called my Defandant lawyer for settlement out of court. They said I should send in writing regarding my expectation and they will ask their client (my ex employer) for consideration. The question is do I have to send my expectation in the email stating "without prejudice"? I am just concerned if we don't agree out of court settlement then defandant may try to convince judge in settlement conference that I agreed for lower amount for out of court settlement. thanks