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Delaware State Courts

Choice of ADR Format in Superior Court
Compulsory Alternative Dispute Resolution (ADR) allows the format of ADR to be agreed upon by the parties. If the parties cannot agree on the ADR format, the default format shall be mediation unless otherwise ordered by the Court.

ADR may include, but is not be limited to, non-binding or, if agreed to by the parties, binding arbitration, mediation or neutral case assessment.

Forms of ADR in Superior Court

Arbitration—Arbitration is a process by which a neutral arbitrator hears both sides of a controversy and renders a fair decision based on the facts and the law. If the parties stipulate in writing the decision is be binding, in which instance the case is removed from the Court's docket.

Mediation—Mediation is a process by which a mediator facilitates the parties in reaching a mutually acceptable resolution of a controversy. It includes all contacts between the mediator and any party or parties until a resolution is agreed to, the parties discharge the mediator, or the mediator determines that the parties cannot agree.

Neutral Assessment—Neutral case assessment is a process by which an experienced neutral assessor gives a non-binding, reasoned oral or written evaluation of a controversy, on its merits, to the parties. The neutral assessor may use mediation and/or arbitration techniques to aid the parties in reaching a settlement.