Browsing Archive: June, 2015

What can a Court do to make a reluctant party consider mediation?

Posted by Stephen Wood on Saturday, June 27, 2015, In : Courts 
The recent increase in Court issue fees (particularly for those cases involving disputes over more than £10,000.00) may be seen as an attempt by HMCTS to 'strongly discourage' Claimants from issuing claims without having first attempted to settle the matter, perhaps through the use of mediation.  The increase in Court issue fees may also encourage Defendants to attempt to settle matters earlier, given that the higher Court fees may ultimately form part of the legal fees they have to pay/reim...
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The differences between Employment and Workplace Mediation

Posted by Stephen Wood on Sunday, June 14, 2015, In : Employment and Workplace Mediations 
The main difference between employment mediation and workplace mediation is that an employment mediation will typically take place when the employee had already left or is about to leave employment, whereas workplace mediation takes place when a conflict has developed between two or more employees but the employment relationship is likely to continue and the aim is to improve a working relationship that is in crisis.  

It is possible that during the process a workplace mediation could turn int...
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Recording a settlement in a Tomlin Order

Posted by Stephen Wood on Monday, June 8, 2015, In : Settlement 
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 compli...
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Lord Neuberger's Keynote Address 'A View From On High' to the 2015 Civil Mediation Conference

Posted by Stephen Wood on Wednesday, June 3, 2015, In : 2015 CMC Annual Conference 
Lord Neuberger, President of the Supreme Court, gave the keynote speech at the 2015 CMC Annual Conference on 12th May 2015.  

He explained that, unlike today, when he was in practice at the Bar, mediation was virtually unheard of in the world of United Kingdom civil litigation.  However, interestingly he observed that in the 11th century mediation was common in England, with the Church instructing all Christians to avoid litigation and threatening those who did not agree to mediate with excomm...
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About Me


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. Stephen has undertaken over 50 paid mediations.