Stephen Wood Mediation

Recording a settlement in a Tomlin Order

June 8, 2015
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.  

Posted by Stephen Wood. Posted In : Settlement 

 

Lord Neuberger's Keynote Address 'A View From On High' to the 2015 Civil Mediation Conference

June 3, 2015
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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Posted by Stephen Wood. Posted In : 2015 CMC Annual Conference 

 

Styles of Mediation: Facilitative, Evaluative and Transformative Mediation

April 17, 2015
There are 3 main styles of mediation: Facilitative, Evaluative and Transformative.  When speaking to solicitors, I have found that most will be unfamiliar with the terms and, accordingly, I felt a brief summary of the differences might be helpful.  
Facilitative Mediation

In facilitative mediation the mediator structures a process to help the parties to reach a mutually agreeable resolution.  The facilitative mediator searches for parties' issues and needs beneath the parties' positions, asks q...
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Posted by Stephen Wood. Posted In : Styles of Mediation 

 

INARD International Law School Mediation Competition 2015

February 22, 2015
I thoroughly enjoyed judging Friday's INARD's International Law School Mediation Competition at UCL and BPP Law School.  It was interesting to analyse if, and how, I might have approached matters differently and to consider which aspects worked and which perhaps didn't.  In the first round I judged alone but in the second round I judged alongside Professor Charlie Irvine of Strathclyde University.  

After the second round many of the judges and and some of the team coaches attended the ADR Gro...
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Posted by Stephen Wood.

 

Judging at the INADR's 2015 International Law School Mediation Competition in London

February 22, 2015
I was honoured to be asked to be a judge at the International Academy of Dispute Resolution's International Law School Mediation Competition at UCL and BPP Law School in London, which took place on 20th and 21st February 2015.

There were over 40 teams competing from the UK, Ireland, mainland Europe, America, the Middle East and Asia.  Each team of 3 law students competed in 3 rounds, with each team member being a mediator, client and client's lawyer over the 3 rounds.  The highest scoring team...
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Posted by Stephen Wood. Posted In : INADR 

 

Mediation of Personal Injury Claims

February 8, 2015
Stephen's article Mediation of Personal Injury Claims for Ezinearticles.com considers the suitability of mediation for personal injury claims and provides tips for improving the chance of settlement.


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Posted by Stephen Wood. Posted In : Personal Injury 

 

Mediating Personal Injury Claims

January 31, 2015

Although mediation of personal injury claims is common in the US, in the UK, mediation is used in less than 2% of personal injury claims.  This article considers the suitability of mediation for personal injury claims and provides tips for improving the chance of settlement.

Mediation and Personal Injury

In mediation, the parties to a dispute sit down with a neutral third person (the mediator) who is trained to help the parties come to a mutually satisfactory agreement. A settlement is reached ...


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Posted by Stephen Wood. Posted In : Personal Injury 

 

Alternative Dispute Resolution for the Workplace

December 31, 2014
What is Alternative Dispute Resolution ('ADR')?  
ADR is a term given to a variety of processes designed as alternatives to issuing Employment Tribunal or Court proceedings.  ADR is voluntary and requires all parties to agree on the type of process.

Types of ADR
There is a range of ADR processes available.  At one end of the spectrum is the process of the parties meeting to try and resolve the dispute.  At the other end is the more formal process of Arbitration.  There are 3 main categories of A...
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Posted by Stephen Wood. Posted In : ADR 

 

ACAS Paper asks if Workplace Mediation should be used earlier

December 29, 2014
The 2014 ACAS Paper 'Analysis of the nature, extent and impact of grievance and disciplinary procedures and workplace mediation using WERS2011' by Professor Stephen Wood, Dr Richard Saundry and Professor Paul Latreille has been published. The analysis is based on the Workplace Employment Relations Study of 2011 and comparisons are made with its 2004 predecessor.

The Paper considered in particular:
(1) The nature and extent of Disciplinary and Grievance Procedures;
(2) The introduction and use of...
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Posted by Stephen Wood. Posted In : ACAS 

 

ACAS Research Paper shows workplace mediation is increasingly being used in workplace disputes

December 21, 2014
The ACAS Research Paper 'Analysis of the nature, extent and impact of grievance and disciplinary procedures and workplace mediation using WERS2011' by Professor Stephen Wood (University of Leicester), Dr Richard Saundry (Plymouth University) and Professor Paul Latreille (University of Sheffield) has been published.

The report reveals:
  • Adoption of formal procedures for dispute resolution is now almost ubiquitous
  • There is little to suggest that mediation is being used at an early stage to prevent ...

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Posted by Stephen Wood. Posted In : ACAS 

 
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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. In 2023 Stephen was appointed a Family Court Magistrate in Leicestershire. Stephen has undertaken over 100 paid mediations.

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