OCGA § 9-11-41 allows the court to dismiss the action and restrict the dismissal to one without prejudice. (1) Dismissals (with or without prejudice);.The without prejudice privilege applies to communications and documents made or created in the course of genuine negotiations to settle a dispute. Read our Mutual Release and Settlement Agreement template to understand our law firm's procedure in most settlements. The clerk may point out the various means of service that are set out in Georgia law. For general guidance on settling disputes, see: Settlement and settling disputes—overview. So far, so good, you have a dispute and are trying to negotiate a resolution: this letter can be marked without prejudice. Defendant. ) VOLUNTARY DISMISSAL WITHOUT PREJUDICE. If this occurs, then the case is dismissed without prejudice. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.