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As a defendant I have gone through the mediation process with my local court and agreed with a claimant to pay off a debt by installments. The total amount payable has been reduced at part of the mediation.
A tomlin order has been drawn up which I have signed.
However, the court has come back to both parties after receiving the tomlin order to say that as the terms of the mediation are confidential they want to know if I consent to the tomlin order being referred to in proceedings. The court will not seal the tomlin order until I agree to the order being referred to in proceedings.
Can anyone shed some light on this.
Do I gain anything by refusing to allow the tomlin order being referred to?
Do I risk a backlash by refusing the order being referred to?
If I refuse, I assume the court will not seal the order. Does this mean the claimant can go back to the court and say that the mediation didnt work and thus press for the case to be referred to a judge?
I'm no experienced advisor, but mediation is one of a few options available to a creditor/claimaint. I think - if it fails, then the claimant can take it to court, yes. You both have to agree to mediation and to the terms of an agreeement, or the creditor can continue to pursue a judgement (and you risk paying costs, unlike a Tomlin order, I believe).
PERHAPS - because the Tomlin order would have been negotiated outside the court, I think, under 'Data Protection', you may have to consent for the transfer of the information to within the court system. ??? If you refuse, PERHAPS a judge may consider that as vexatious. I know they are meant to be 'fair', but from my experience of a couple of judges - they have bad days like the rest of us. And some really are like Judge Judy, whilst others are like cherubim and seraphim.
So, best stay on ya toes and appear helpful, if it ever did get to a hearing. Unless you could think of a perfectly good reason to refuse for it to be heard in a court?!?
The claim is only 'settled' when the court says it is, and the claim continues even if the judge can't sign off a Tomlin order. Whether by mediation or a judgement after hearing, the court will keep a record of amounts paid toward the judgement, or the amount you have both agreed should be paid, through mediation. You pay directly to the court either way, I imagine.
I just thought I'd add this until someone can answer you, properly and definitively. (I've only been through the mediation process, myself, once.)
You can ring the court and get good advice from them about proceedings, without giving them a claim number. They are really, really helpful I've found. Also, even on the day of an appearance, you can speak to a duty solicitor at the court, and the court/clerk will wait until you've done so, if absolutely necessary. It's a last resort, though.
I'm digressing now. Sorry if that doesn't give you a complete answer, obviously.
Tomlin Order question
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