---
title: "Prepare a settlement agreement, releases and a stipulation of dismissal"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-the-settlement-deed-consent-orders-and-releases/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A5-T1-R13-US"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Prepare a settlement agreement, releases and a stipulation of dismissal

> List the terms the lawyer has already decided: parties, amount, claims released, and whether the dismissal is with or without prejudice. Write no clause of the agreement and no word of the stipulation.

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-the-settlement-deed-consent-orders-and-releases/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List the terms the lawyer has already decided: parties, amount, claims released, and whether the dismissal is with or without prejudice. Write no clause of the agreement and no word of the stipulation. |
| What the lawyer must review | The lawyer writes the signed agreement. Rule 41(a)(1) allows a plaintiff to dismiss without a court order by a stipulation of dismissal signed by all parties who have appeared. Unless the notice or stipulation states otherwise, the dismissal is without prejudice, but a second notice dismissal of the same claim operates as an adjudication on the merits. The lawyer chooses with or without prejudice and whether a court order under Rule 41(a)(2) is required instead. Rule 408 covers use of the compromise later. It does not draft the release. Formal Opinion 512: the lawyer verifies any generated text before it is signed. |
| Written for | United States |
| Applies to | [Draft the settlement deed, consent orders and releases](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-the-settlement-deed-consent-orders-and-releases.md) |

## Checking plan

- What the AI does: List the terms the lawyer has already decided: parties, amount, claims released, and whether the dismissal is with or without prejudice. Write no clause of the agreement and no word of the stipulation.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- A stipulation under Rule 41(a)(1) must be signed by all parties who have appeared. The tool writes none of it.
- If a counterclaim is pending, read Rule 41(a)(2) before assuming the plaintiff can dismiss.
- State-court dismissal practice is not Rule 41.

## Sources

- [Federal Rule of Civil Procedure 41 (dismissal of actions)](https://www.law.cornell.edu/rules/frcp/rule_41) (checked 2026-10-22)
- [Federal Rule of Evidence 408 (compromise offers and negotiations)](https://www.law.cornell.edu/rules/fre/rule_408) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Request for consent order of registrar (Queensland UCPR Form 59A)](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/form-qld-ucpr-59a-consent-order-registrar.md) | Form | Yellow | Link to Queensland UCPR Form 59A, version 5, the request for a registrar's consent order, first published on the Courts forms list on 28 June 2023. |
| [Federal Court Form 48: notice of discontinuance](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/form-fca-48-notice-of-discontinuance.md) | Form | Yellow | Link to Federal Court Form 48, the notice of discontinuance under rule 26.12(1). |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*