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.
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
- Why both sides settled at mediation
- How the Tomlin order ends the claim
- Getting paid
- Your job
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