Rule 136 - Mediation Conference(a) Participation. At least one representative of each party with an interest in the issue or issues to be mediated and with authority to resolve the matter must participate in the mediation conference. Delaware counsel, as defined in Rule 90.1(a), shall also attend the mediation conference on behalf of each party.(b) Confidentially. Mediation conferences are private proceedings such that only parties and their representatives may attend, unless all parties agree otherwise. A Mediator may not be compelled to testify in any judicial or administrative proceeding concerning any matter relating to service as a mediator. All memoranda and work product contained in the case files of a mediator are confidential. Any communication made in or in connection with the mediation that relates to the controversy being mediated, whether made to the mediator or a party, or to any person if made at a mediation conference, is confidential. Such confidential materials and communications are not subject to disclosure in any judicial or administrative proceeding with the following exceptions: (1) Where all parties to the mediation agree in writing to waive the confidentiality, or(2) Where the confidential materials and communications consist or statements, memoranda, materials, and other tangible evidence otherwise subject to discovery, which were not prepared specifically for use in the mediation conference. A mediation agreement, however, shall not be confidential unless the parties otherwise agree in writing. (c) Civil Immunity. Mediators shall be immune from civil liability for or resulting from any act or omission done or made in connection with efforts to assist or facilitate a mediation, unless the act or omission was made or done in bad faith, with malicious intent, or in a manner exhibiting a willful, wanton disregard of the rights, safety, or property of another.(d) Mediation Agreement. If the parties involved in the mediation proceedings reach agreement with regard to the issues identified in the petition, their agreement shall be reduced to writing and signed by the parties and the Mediator. The agreement shall set forth the terms of the resolution of the issues and the future responsibility of each party. (e) Termination of Mediation Conference.(1) The Mediator shall officially terminate the mediation conference if the parties are unable to agree. The termination shall be without prejudice to either party in any other proceeding. The Mediator shall have no authority to make or impose any adjudication, sanction, or penalty upon the parties. No party shall be bound by anything said or done at the mediation proceeding unless an agreement is reached. (2) The Mediator is ineligible to adjudicate any subsequent litigation arising from the issues identified in the petition. (f) Compensation for Mediation. The Court will be compensated by the parties to the mediation in accordance with the schedule of fees maintained by the Prothonotary.Del. R. Civ. P. Super. Ct. 136
Added, effective 8/9/2011.