​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

​Terms of settlement 

If you and the plaintiff come to an agreement about how the case should be finalised, you shoul​d write down and sign your agreement. 'Terms of settlement' is one way you can do this. To find out how to prepare terms o​f settlement, follow the steps in the guide on this page. 

Icon: Page with numbered listPreparing terms of settlement - Step by step guide​​​​ 

Step 1: Agree on the terms

You can talk to the plaintiff about settlement at any time. By talking to the plaintiff you might be able to agree to 'terms of settlement' or a 'settlement agreement'. 

Your agreement should include:

  • ​the amount that you will pay to the plaintiff and how it will be paid if the claim is about money
  • what goods will be returned and when they will be returned if the claim is about goods.

Your agreement should also deal with the payment of legal costs. You may agree that one party will pay costs of the other or that each party will pay their own costs. 

AlertIf you negotiate in writing, you can write the words 'Without prejudice' at the top of your correspondence. This means that one party can't use evidence of settlement discussions against the other party if the case goes to a hearing.

Step 2: Put the agreement in writing

It is a good idea to put a settlement agreement in writing once you have agreed to the terms. Putting it in writing means there is written evidence about what was agreed. It also reduces the chance of any confusion about the terms. 

There is no set format for terms of settlement, but there are some things you should include, such as: 

  • ​your full name and address and the plaintiff's full name and address
  • the details of any court case that has been started, such as court case number, registry and division
  • the date of the agreement
  • any amount that has to be paid or any goods that should be returned
  • if payment is by instalments, how much the instalments are and when each instalment should be paid
  • whether there is an agreement about the payment of interest
  • if part of the agreement includes judgment in the plaintiff's favour
  • how the case is to be ended, either by an order of the court, or a notice of discontinuance
  • what will happen if one party does not do what they have agreed to do. 

AlertYou should get legal advice​ before agreeing to terms of settlement.

Instructions: Instructions for writing terms of settlement.

Samples:

Step 3: Sign the agreement

Once you and the plaintiff have written down your agreement, you both need to sign it. Each of you should have your signatures witnessed and the witnesses should provide their full names and addresses under their signatures. It is a good idea if a lawyer or officer of the court such as a registrar witnesses the signatures. 

Once your version of the agreement has been signed and witnessed, you can exchange it for the plaintiff's signed and witnessed version. 

Step 4: End the case

Once you have a signed settlement agreement, you and the plaintiff can end the case. There are a number of ways this can be done:

  • ​Notice of discontinuance
  • Consent judgment or order
  • Do nothing

Notice of discontinuance

The plaintiff can end the case by filing a notice of discontinuance. This is a notice telling the court that they no longer want to go ahead with the court case. It does not tell the court anything else about your settlement agreement. 

For more information, see Notice of discontinuance

Consent judgment or order

If you and the plaintiff have agreed to settle the case you can file a consent judgment or order with the court. It can include some or all of the terms of settlement and is included as part of the court's records. 

For more information, see Consent judgment or order​. 

Do nothing

If you and the plaintiff agree to terms, sign and exchange the agreement, and then do nothing further, the court will eventually dismiss the case.