Rule 134 - Scope of Rules for Mediation(a) These rules shall govern the procedure in mediation proceedings for business disputes pursuant to 10 Del. C. § 546. (b) In the case of disputes involving solely a claim for monetary damages, a matter will be eligible for mediation only if the amount in controversy exceeds one-hundred thousand dollars. (c) The parties with the consent of the Mediator may change any of these mediation rules by agreement. (d) Definitions. (1) "Mediation" means the process by which a mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution and includes all contacts between the Mediator and any party or parties, until such time as a resolution is agreed to by the parties or the parties discharge the Mediator.(2) "Mediator" means a judge or commissioner sitting permanently in the Court. (3) "Mediation conference" means the process, which may consist of one or more meetings or conferences, pursuant to which the Mediator assists the parties in seeking a mutually acceptable resolution of their dispute through discussion and negotiation. (4) "Consent to Mediate" means a written or oral agreement to engage in mediation in the Superior Court. Provided that the parties and the amount in controversy meet the eligibility requirements in 10 Del. C. § 546, a consent to mediate is acceptable if it contains the following language: "The parties agree that any dispute arising under this agreement shall be mediated in the Superior Court of the State of Delaware, pursuant to 10 Del. C. § 546."Del. R. Civ. P. Super. Ct. 134
Added, effective 8/9/2011.