Module 4 · Chapter 10

Mediation, Settlement and the Tomlin Order

Most claims end in a deal, not a judgment. This chapter follows one claim to a settlement at mediation, and shows how a court order ends the claim while keeping the terms private.

≈ 7 min read 8-question test

In this chapter

  • How a mediation day runs, and why both sides settled at one
  • How a Tomlin order ends a claim and keeps the terms private
  • What happens if a payment is missed, and how the file is closed

10.1Settling a claim in one paragraph

Most commercial claims end in an agreement, not a judgment. The parties can settle at any time, often at a mediation, where a neutral mediator helps them find terms but decides nothing.

Even after the parties agree, the claim is still alive at court, with a trial window ahead. So the solicitors ask the court for a Tomlin order. It stops the claim, and the agreed terms go in a schedule that stays private.

Key point

A deal needs an order to end the claim. The Tomlin order stops the claim, and its Schedule says who pays what, and when.

Also in this chapter

  1. Why both sides settled at mediation
  2. How the Tomlin order ends the claim
  3. Getting paid
  4. Your job

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