Only use the term "without prejudice" when commenting upon, communicating or responding to a settlement proposal or offer. Please fill out this form completely and click the "Submit" button at the bottom of the page to send your request via email.This letter can be marked without prejudice. Confirmation of the Sale Without Motion. This guide examines the issues that parties to a dispute should consider when seeking to negotiate terms of settlement. They may give legal advice and drafting assistance, including filling out legal forms and providing subpoenas, without appearing as attorney of record. Genuine attempt at settlement: The communication must be part of an actual negotiation process aimed at resolving a dispute.