Rule 135 - Commencement of Mediation(a) Petition. (1) Mediation is commenced by submitting to the Prothonotary a petition for mediation (hereinafter a "petition") and the filing fee specified by the Prothonotary. The petition must be signed by Delaware counsel, as defined in Rule 90.1(a). 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 Prothonotary, 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 Prothonotary 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 the Superior Court would have subject matter jurisdiction to adjudicate the business dispute, 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 principle place of business in Delaware, or that the business dispute is governed by Delaware law, 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) Confidentially. The petition and any supporting documents are considered confidential and not of public record. The Prothonotary 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 mediation proceeding under these Rules. The Mediator may request parties to exchange or provide to the Mediator documents or other materials 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. Civ. P. Super. Ct. 135
Added, effective 8/9/2011.