Delaware
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Delaware. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Delaware can be found in RSI’s Research Library and in Reports below.
State Legislation
- Delaware Code, Title 10, Chapter 3, 347: Mediation Proceedings for Business Disputes
- Delaware Code, Title 10, Chapter 3, 348: Dispute involving deed covenants or restrictions
- Delaware Code, Title 11, Chapter 95: Victim-Offender Mediation
- Delaware Code, Title 13, Chapter 7a, 711a: Ordered mediation prohibited
Statewide Court ADR Rules and Policies
- Delaware Court of Common Pleas Rule 16 - Pre-trial procedure; formulating issues.
- Delaware Court of Chancery - Rules 93-95: Rules Governing Private Mediation Proceedings for Business and Technology Disputes
- Delaware Court of Chancery Rule 174 - Mediation
- Delaware Family Court Criminal Rule 6A-Arbitration Conferences
- Delaware Family Court Civil Rule 16 - Pretrial Procedure; Formulating Issues; Mediation; Pretrial Conference
State Office of Court ADR:
- No full-time state court ADR office.
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Delaware Code, Title 10, Chapter 3, 347: Mediation Proceedings for Business Disputes
State of Delaware. Jan. 1, 2019Resource Type: Legislation
Abstract: This statute authorizes the Court of Chancery to mediate business disputes meeting certain requirements: the parties have consented to mediation; at least one party is a business entity; neither party is a consumer; and the monetary amount in controv...
Delaware Code, Title 10, Chapter 3, 348: Dispute involving deed covenants or restrictions
State of Delaware. Jan. 1, 2019Resource Type: Legislation
Abstract: This statute makes mediation mandatory for disputes between a homeowners association and a homeowner involving the enforcement of deed covenants or restrictions. In the case of failed mediation, the statute allows disputes to then proceed to trial in...
Delaware Code, Title 13, Chapter 7a, 711a: Ordered mediation prohibited
State of Delaware. Jan. 1, 2019Resource Type: Legislation
Abstract: As part of the Child Protection from Domestic Violence Act, this section prohibits family court mediation conferences for those cases where one party has committed an act of domestic violence against the other, or where one party has been ordered to ...
Delaware Code, Title 11, Chapter 95: Victim-Offender Mediation
State of Delaware. Jan. 1, 2019Resource Type: Legislation
Abstract: With the goal of stimulating the establishment and use of victim-offender mediation programs, this act creates the Victim-Offender Mediation Committee, a body comprised of multiple state officials that is responsible for approving victim-offender pro...
Rules
Delaware Court of Chancery Rule 174 - Mediation
Court of Chancery of Delaware. Sep. 1, 2018Resource Type: Rules - Court
Abstract: Under this rule, the court may refer a case, with the consent of the parties, to voluntary mediation at any stage of the proceedings. At least one representative of each involved party must participate, and the designated mediator shall be immune fro...
Delaware Court of Chancery Rules 93-95: Rules Governing Private Mediation Proceedings for Business and Technology Disputes
Delaware Court of Chancery. Sep. 1, 2018Resource Type: Rules - Court
Abstract: Parties to business and technology disputes in which at least one party is a business entity formed in Delaware and no party is a consumer may petition the court to mediate their dispute. In cases involving only monetary disputes, the amount in contr...
Delaware Family Court Criminal Rule 6A - Arbitration Conferences
Family Court of Delaware. Jul. 1, 2018Resource Type: Rules - Court
Abstract: Under this rule, the court may refer an action to arbitration upon receipt of a complaint, and notice of an arbitration conference shall be given to all parties involved. The rule outlines the information that must be included when notice is given, a...
Delaware Court of Common Pleas Rule 16 - Pre-trial procedure; formulating issues.
Court of Common Pleas of Delaware. Mar. 1, 2018Resource Type: Rules - Court
Abstract: This rule authorizes the court to order parties in civil cases to compulsory alternative dispute resolution. The ADR processes specified by the rule include binding and non-binding arbitration, mediation and neutral case assessment. If parties cannot...
Delaware Family Court Civil Rule 16 - Pretrial Procedure; Formulating Issues; Mediation; Pretrial Conference
Family Court of Delaware. January 1, 2006; amended effective August 18, 2011Resource Type: Rules - Court
Abstract: Under this rule, a mediation conference shall be held by a court staff mediator in all proceedings requesting relief in the form of support, and in custody and visitation proceedings. The rule outlines procedures for the requesting of continuances an...
Reports
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Foreclosure Mediation Programs Funding: A Review of 24 Currently Operating Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jan. 26, 2011Resource Type: Report
Abstract: This report describes the structure and funding of foreclosure mediation programs in 24 states. It also reviews how compensation is provided, if at all, for program staff, mediators and attorneys for borrowers. An executive summary of this report is...
Now We're Talking: A Look at Current State-Based Foreclosure Mediation Programs and How to Bring Them to Scale
Cohen, Alon; Jakabovics, Andrew. Jun. 1, 2010Resource Type: Report
Abstract: This report reviews foreclosure mediation programs established in 21 states. It describes the programs' structures and provides settlement statistics, where available. The authors argue that mandatory mediation programs have proven to be more effecti...
Contacts
Delaware Residential Mortgage Foreclosure Mediation Program
Sep. 1, 2009Resource Type: Program
Abstract: The Delaware Residential Mortgage Foreclosure Mediation Program was established in September 2009. It provides free mediation services for eligible homeowners facing foreclosure and their lenders. The program's website provides information about the ...
Delaware Superior Court ADR Program
Delaware Superior Court. Jan. 1, 1984Resource Type: Program
Abstract: The Superior Court established its Alternative Dispute Resolution Program in 1984, and the court amended its ADR rules to make ADR compulsory for every civil case. Parties may choose to participate in mediation, arbitration or neutral assessment. The...