This compromise and settlement agreement is made by and between
__________ [name of claimant], (who will be referred to as plaintiff),
whose address is __________, and __________[name of party against
whom claim is made], (who will be referred to as defendant), whose
address is __________.
The parties stipulate to the following:
1. Plaintiff asserts a claim against defendant based on __________
[identify dispute by describing pertinent facts].
2. An action based on this claim is now pending in the Superior
Court of __________ County, case number __________, with plaintiff
represented by attorney __________, and defendant represented by
3. Defendant denies any liability in connection with the alleged
4. The parties wish to reach a full and final settlement of
the action and all matters arising from the dispute described above.
Therefore, in consideration of the mutual promises set forth,
the parties agree to the following:
a. Defendant will pay to plaintiff $__ [on execution of this
agreement or as the case may be].
b. Plaintiff will execute a Request for Dismissal, dismissing
the pending action with prejudice, and deliver this to the defendant
[on execution of this agreement or as the case may be].
c. Each party releases the other from all rights and claims
that they may have against the other arising from the dispute described
d. This agreement is a compromise of a disputed matter and may
not be construed as an admission of any party's liability.
e. This agreement was the result of a negotiated settlement
and may not be construed as having been prepared by any one party.
f. In the event any action is instituted to enforce the provisions
of this agreement, the prevailing party will be entitled to recover
g. This agreement is intended to bind and benefit the parties,
their heirs, agents, legal representatives, assigns, and successors