Is there any case law where an arbitrator considered an "without prejudice" offer to settle an action before the hearing?
British Columbia, Canada
The following excerpt is from Cominco Ltd. v. Westinghouse Canada Limited, 1981 CanLII 698 (BC SC):
Stotesbury v. Turner, [1943] 1 K.B. 370, per Atkinson J., seems to be the next English judgment on this point. In that case an arbitrator informally discussed the possibility of settlement with the parties prior to the hearing. Then a "without prejudice" letter was introduced into evidence confirming an offer of £550. At the conclusion of the arbitration the applicant received less than the £550. The arbitrator took the discussions and the "without prejudice" letter into account when settling the issue of costs.
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