The State of Delaware wishes to remain preeminent in its ability to meet the needs of its business community, including the needs of all business entities domiciled in Delaware. The mediation program available in Delaware's Court of Chancery is one way the State is attempting to meet these needs. Mediation is intended to provide the participants convenient access to dispute resolution proceedings that are fair, confidential, effective, inexpensive, and expeditious.
There are now two types of non-mandatory mediation available in the Court of Chancery:
(i) mediation pursuant to Court of Chancery Rule 174, which provides for mediation in an ongoing case pending in the Court of Chancery ("Rule 174 Mediations"), and
(ii) mediation pursuant to 10 Del. C. § 347 and Rules 93 to 95, which now provide for "mediation only" dispute resolution for certain types of business disputes where there is no pre-existing pending action (the "Mediation Only Program").
Mediation in both cases is voluntary and can only proceed with consent of the parties. See the Mediation Guidelines Pamplet (right).
Court of Chancery