Del. R. Ch. Ct. 94

As amended through November 14, 2024
Rule 94 - Commencement of Mediation
(a) Petition
(1) Mediation is commenced by submitting to the Register in Chancery a petition for mediation (hereinafter a "petition") and the filing fee specified by the Register in Chancery. The petition must be signed by Delaware counsel, as defined in Rule 170(b). Sufficient copies shall be submitted so that one copy is available for delivery to each party as hereafter provided, unless the Court directs otherwise.
(2) The petition shall be sent by the Register in Chancery, via next-day delivery, to either a person specified in the applicable agreement between the parties to receive notice of the petition or, absent such specification, to each party's principal place of business or residence. The petitioning party shall provide the Register in Chancery with addresses of each party.
(3) The petition will identify the issues to be mediated and specify the method by which the parties shall attempt to resolve the issues. The petition must also contain a statement that all parties have consented to mediation by agreement or stipulation, that at least one party is a business entity, that at least one party is a business entity formed or organized under the laws of Delaware or having its principal place of business in Delaware, and that no party is a consumer with respect to the dispute. In the case of disputes involving solely a claim for monetary damages, the petition must contain a statement of the amount in controversy. (4) Confidentiality. The petition and any supporting documents are considered confidential and not of public record. The Register in Chancery will not include the petition as part of the public docketing system.
(b) Appointment of the Mediator. Upon receipt of a petition, the Court will appoint a Mediator.
(c) Date, Time, and Place of Mediation. The Mediator will set the date, time, and place of the mediation conference within 15 days following receipt of the petition. The mediation conference generally will occur no later than 60 days following receipt of the petition.
(d) Submission of Documents. There shall be no formal discovery in connection with a mediation proceeding under these Rules. The Mediator may request parties to exchange or provide to the Mediator documents or other material necessary to understand the dispute or facilitate a settlement. The parties may agree to exchange any documents or other material in the possession of the other that may facilitate a settlement.

Del. R. Ch. Ct. 94