What happens to my court case/ arbitration?

Whilst you participate in a mediation your court case/arbitration will normally be paused to allow you to participate in the mediation. After the mediation, if there is no settlement, your court case/arbitration will continue.

When parties participate in a mediation, they normally do this alongside the court process/arbitration process. You can ask the court to pause the court process (known as a “stay”) to allow you to take part in the mediation.

If the mediation results in a settlement, you will need to let the court know that you have reached a settlement and to stop the case. You or your lawyer (or the other side) can file a consent order (sometimes called a Tomlin order) with the court saying that the dispute has been settled.

If the mediation ends in no settlement, the parties can continue as they were before the mediation.