settlement-agreement

name	settlement-agreement
title	Settlement Agreement
description	Drafts execution-ready settlement agreements for commercial litigation with mutual releases, payment schedules, confidentiality provisions, and dismissal mechanics. Handles Cal. Civ. Code § 1542 waivers, ADEA-compliant releases, and tax allocation. Use when finalizing settlement terms, drafting mutual releases, or memorializing negotiated resolutions.
author	CaseMark
author_url	https://github.com/CaseMark/skills/tree/main/skills/legal/settlement-agreement
license	Apache-2.0
version	0.1.0
execution_mode	open
jurisdiction	us
practice	litigation
language	en

Settlement Agreement

Drafts a binding settlement agreement memorializing negotiated terms with enforceability and finality.

Prerequisites

Gather before drafting:

1. Parties — legal names, capacities, addresses, authority to bind
2. Dispute — case caption, court, claims, key dates
3. Terms — amounts, payment schedule, non-monetary obligations
4. Confidentiality — scope, permitted disclosures, remedies
5. Litigation — docket number, dismissal preference (with/without prejudice)
6. Governing contract — forum-selection, choice-of-law, fee-shifting clauses

Document Structure

Section	Key Contents
Title & Preamble	"Settlement Agreement and Mutual Release"; party names, defined terms
Recitals	Neutral dispute background (no admissions); mutual desire to resolve; consideration acknowledged
Definitions	Capitalize consistently; define on first use or in standalone section
Payment Terms	Amount, schedule, method, wire instructions, late-payment acceleration
Mutual Releases	Scope (known/unknown claims), carve-outs, effective date
Confidentiality	Protected info, permitted disclosures (legal/tax/regulatory/subpoena), breach remedies
Non-Admission	Settlement ≠ admission of liability
Representations & Warranties	Authority, no assignment of claims, accuracy
Dismissal Mechanics	Filing party, timeline, prejudice status, cost allocation
Tax Provisions	Tax responsibility, 1099 reporting, indemnification
General Provisions	Governing law, dispute resolution, severability, integration, counterparts, fees
Signature Blocks	Name, title, date, notarization if required
Exhibits	Payment schedule, dismissal stipulation, property descriptions

Release Drafting Checklist

• Define released claims specifically (causes of action, time period, subject matter)