Settlement Agreement and Release
(OR)

Summary

This settlement agreement and release is a standard template attorneys can use when settling an Oregon state court litigation pending between two or more parties. This agreement assumes that the parties are settling a pending lawsuit, but you can easily adapt it for use in a pre-litigation settlement. This template includes practical guidance, drafting notes, and alternate and optional clauses. Settling a case can avoid the uncertainty of trial or a court ruling on a dispositive motion. You can also use a settlement to obtain at least a portion of what your client was seeking in the litigation. If you are representing a plaintiff, your client will likely obtain some measure of compensation. If you are representing a defendant, settlement can protect your client from a large verdict. Settling a case can also save your client substantial time and money in litigation expenses, especially if you settle before the parties conduct meaningful discovery. Once you reach a settlement, the parties will need to prepare a settlement agreement memorializing the agreement's terms. In most cases, the defendant will draft the settlement agreement for the plaintiff to review and sign. Ensure that the settlement agreement sets forth the essential agreement between the parties, including the amount, timing, and form of payment, and the nature of any equitable relief to which the parties have agreed. You should also include a provision requiring the parties to file a stipulation dismissing the case—or the claims against the settling defendant if the case involves multiple defendants—with prejudice once the settlement is final. In addition to these items, you should also carefully consider whether to include other common provisions, including release clauses, confidentiality provisions, non-disparagement clauses, and liquidated damages provisions. In all instances, you should explain the settlement terms to your client and ensure that they understand their obligations under the settlement agreement and the potential consequences if they breach the agreement. If you are representing a plaintiff, you may have limited ability to negotiate the defendant's draft agreement. This can be particularly true in cases involving corporate or organizational defendants, as they may feel strongly about various settlement terms, and may have standard form agreements that they use in most cases. For additional practical guidance, see Settlement Agreement Drafting Issues Checklist (OR).