Rule 139 - Arbitration Hearing(a) Participation. At least one representative of each party with an interest in the issue or issues to be arbitrated and with authority to resolve the matter must participate in the arbitration hearing. Delaware counsel, as defined in Rule 90.1(a), shall also attend the arbitration hearing on behalf of each party.(b) Confidentiality. Arbitration hearings are private proceedings such that only parties and their representatives may attend, unless all parties agree otherwise. An Arbitrator may not be compelled to testify in any judicial or administrative proceeding concerning any matter relating to service as an Arbitrator. All memoranda and work product contained in the case files of an Arbitrator are confidential. Any communication made in or in connection with the arbitration that relates to the controversy being arbitrated, whether made to the Arbitrator or a party, or to any person if made at an arbitration hearing, is confidential. (1) Such confidential materials and communications are not subject to disclosure in any judicial or administrative proceeding with the following exceptions: (a) where all parties to the arbitration agree in writing to waive the confidentiality, or(b) where the confidential materials and communications consist of statements, memoranda, materials, and other tangible evidence otherwise subject to discovery, which were not prepared specifically for use in the arbitration hearing.(c) Civil Immunity. Arbitrators shall be immune from civil liability for or resulting from any act or omission done or made in connection with the Arbitration, 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 Option. The parties may agree at any stage of the arbitration process to submit the dispute to the Court for mediation. The judge or commissioner assigned to mediate the dispute may not be the Arbitrator unless the parties agree. (e) Settlement Option. The parties may agree, at any stage of the arbitration process, to seek the assistance of the Arbitrator in reaching settlement with regard to the issues identified in the petition prior to a final decision from the Arbitrator. Any settlement agreement shall be reduced to writing and signed by the parties and the Arbitrator. The agreement shall set forth the terms of the resolution of the issues and the future responsibility of each party. (f) Remedy and Relief.(1) Award. The Arbitrator may grant any remedy or relief that the Arbitrator deems just and equitable and within the scope of any applicable agreement of the parties. (2) In addition to a final award, the Arbitrator may make other decisions, including interim, interlocutory, or partial rulings, orders and awards. (3) Upon the granting of a final award, a final judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. (4) The Arbitrator is ineligible to adjudicate any subsequent litigation arising from the issues identified in the petition.(g) Costs for Arbitration. Costs for filing and per-day (or partial day) fees shall be assessed in accordance with a schedule to be maintained by the Prothonotary.Del. R. Civ. P. Super. Ct. 139
Added, effective 8/9/2011.