Where Court proceedings have been issued, the terms of settlement reached at a mediation can be wholly or partly incorporated into the Court Order. The parties may seek to record the agreement in a Tomlin Order. This is a type of Order where the Court orders that further proceedings in the claim are stayed, except for the purpose of carrying out the terms of the settlement, which are set out in the schedule to the Order, and that each party has liberty to apply to the Court to compel compliance.
One of the important advantages of a Tomlin Order over other Court Orders is that the schedule to the Order does not have to be made public, so can include confidential terms. Furthermore the schedule can include matters which the Judge does not have jurisdiction to make.
Stephen Wood is an ADR Group Accredited Civil & Commercial Mediator, an ADR Group Accredited Workplace Mediator, an ADR Group Accredited Online Mediator and a Consultant Litigation Solicitor. In 2017 Stephen was appointed to the Panel of Chairs of the Valuation Tribunal of England. In 2023 Stephen was appointed a Family Court Magistrate in Leicestershire.
Stephen has undertaken over 100 paid mediations.