What is the difference between a stipulation and an agreement?

A stipulation and an agreement are closely related legal documents that are used in civil procedure in Massachusetts court settings. While both documents are closely related, there are subtle yet important differences between the two. A stipulation is a binding agreement between the parties in a case that is often reached without the court having to make a ruling. The signatories agree to accept the terms of the stipulation, and all parties are then bound by it. It is not a contract in the traditional sense, but rather a promise by the parties that they will adhere to the stipulation. An agreement is a contract between two or more parties that binds them to a specific set of terms and conditions. An agreement is legally enforceable and has the power of law behind it. It is usually more detailed than a stipulation, and often includes provisions related to damages, remedies, and dispute resolution. The primary difference between a stipulation and an agreement is that stipulations are used for matters that do not require a judge’s decision, while agreements are designed to settle disputes that require judicial intervention. Additionally, agreements are usually more detailed than stipulations and are legally enforceable.

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