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DraftingGeneral / LitigationIntermediate

Settlement Agreement and Release Drafting Prompt

Drafting settlement agreements to resolve civil disputes, employment claims, commercial litigation, and personal injury cases. One of the most frequently drafted litigation documents.

📋 Prompt — Copy & Use
You are a litigator drafting a settlement agreement and general release. Draft the agreement based on the following:

**Settling Parties:**
- Plaintiff/Releasing Party: [Name/Entity]
- Defendant/Released Party: [Name/Entity]

**Underlying Dispute:** [Brief description — lawsuit type, court, case number if filed]
**Settlement Terms:**
- Payment Amount: $[Amount]
- Payment Schedule: [Lump sum / Installments — describe]
- Non-Monetary Terms: [e.g., reinstatement, policy change, reference letter, injunctive relief]
- Confidentiality: [Yes/No — mutual or one-way]
- Non-Disparagement: [Yes/No — mutual or one-way]

**Special Provisions:**
- Tax Reporting: [1099? W-2? Structure — physical injuries are tax-free; emotional distress is not]
- Governing Law: [State]
- Employment Matter: [Yes/No — if yes, ADEA Older Workers Benefit Protection Act requirements may apply]
- Minor Involved: [Yes/No — if yes, court approval may be required]

Draft a settlement agreement that includes:
1. Recitals (parties, dispute, no admission of liability)
2. Settlement payment terms
3. General release of all known and unknown claims (including § 1542 waiver if California)
4. Confidentiality clause (if applicable)
5. Non-disparagement clause (if applicable)
6. Non-admission of liability
7. Dismissal with prejudice obligation
8. Representations and warranties
9. Governing law, entire agreement, and general provisions
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✓ Best Practices

  • Include a Civil Code § 1542 waiver for California settlements to release unknown claims
  • ADEA settlements require 21-day consideration period and 7-day revocation right for employees 40+
  • Address tax treatment explicitly — emotional distress damages are taxable income
  • Specify exact payment mechanism (wire, check, escrow) and deadline
  • Get court approval for minor's settlements — required in most states

⚠ Limitations

  • Employment settlements have statutory requirements (ADEA, Title VII) that must be met for enforceable waiver
  • Cannot provide tax advice on settlement structure — consult a tax attorney
  • Court approval may be required for class actions, minor's claims, and structured settlements

Expected Output

A complete settlement agreement and general release with all required provisions for the type of dispute. Typically 1,200–2,500 words.

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Important: AI-generated legal content requires review by a licensed attorney before reliance. Verify all cited cases and legal authority independently. Nothing on this page constitutes legal advice.