Commentary

103.4 Consent or ‘Tomlin’ order, or consent award

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

103.4 Consent or ‘Tomlin’ order, or consent award

| Commentary

103.4 Consent or ‘Tomlin’ order, or consent award

Where the mediation takes place in the context of ongoing litigation, the terms of settlement can be endorsed by the court in the form of a consent or ‘Tomlin’ order1. An equivalent procedure is available in arbitration, whereby the tribunal enshrines the terms of settlement in a consent award. In either case, this is a relatively straightforward formality and has the advantage that the order can be enforced as if it were a judgment or award (as the case may be), whereas the enforcement of a settlement agreement would require

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