As amended through November 14, 2024
Rule 6A - Arbitration Conferences(a) Arbitration conference. If the Court refers an action to arbitration upon receipt of a complaint, an arbitration conference shall be scheduled and notice of same shall issue to the person charged, the custodian if the person is a child, the attorney, the complainant, the victim, and to any investigating law enforcement official, informing them of: (1) the requirement that the person charged and, if the person charged is a child, the custodian appear at the arbitration conference;(2) the nature, purpose, time and place of the conference; (3) that the complainant, victim and investigating law enforcement official have the right to appear at the conference;(4) that the person charged may withdraw from the arbitration process at any time;(5) that the arbitration officer, a master or a judge may terminate the arbitration process at any time prior to the conclusion of the conference or subsequently, if the conditions set by arbitration are violated or new charges are filed; (6) that if the person charged withdraws from the arbitration process or the Court terminates the arbitration process, will be referred to the Attorney General for review and action in accord with Rule 7(b); (7) that the person charged may be represented by counsel; (8) that the arbitration conference shall be informal without requiring adherence to normal Court procedure or the Delaware Rules of Evidence, and nothing said by the parties or other persons participating during the conference may be used against them in subsequent proceedings in any court;(9) that the arbitration agreement will not extend beyond a period of time established by the Court; and(10) that upon successful completion of the conditions of arbitration, the action will be dismissed.(b) Written agreement. At the commencement of the conference, the arbitration officer shall explain the arbitration process to those present. Any settlement reached by the parties and approved by the arbitration officer shall be reduced to writing and a written agreement shall be executed by the arbitration officer, the person charged, and if the person is a child the custodian as well, and the attorney. Such agreement may include: (1) reasonable conditions imposed on the child and custodian; and (2) restitution or community service requirements. (c) Continuances. A party may request a continuance of an arbitration conference. If the request is made for good cause and in a timely manner, it may be granted by the arbitration officer, after consideration of the timeliness and merit of the request, the age of the case, the number of previous continuances and the reason(s) therefor, and the position of the opposing party. In the event the arbitration officer grants a continuance, the reason for the continuance shall be stated in writing in the Court's record of the action.(d) Failure of defendant to appear. If a defendant fails to appear for an arbitration conference after having been properly served and notified of same, a capias may issue for defendant's arrest for failure to appear and/or the defendant may be deemed to have waived the privilege of arbitration.Del. Fam. Ct. R. Crim. P. 6A