The phrase "without prejudice" is commonly used in solicitors' letters with the intention of making that correspondence inadmissible in any future litigation. Read our Mutual Release and Settlement Agreement template to understand our law firm's procedure in most settlements.Only use the term "without prejudice" when commenting upon, communicating or responding to a settlement proposal or offer. This guide examines the issues that parties to a dispute should consider when seeking to negotiate terms of settlement. A case ends in either a judgment (for defendant or plaintiff) or it is dismissed. If it is dismissed, it is either WITH or it is WITHOUT prejudice. The three settling parties filed a joint stipulation dismissing with prejudice their respective claims against each other. A party is not required to label a correspondence "without prejudice" to receive settlement privilege protection. This letter can be marked without prejudice. You will need one copy of the civil complaint with original signature for the magisterial district judge.