Page 18 - Delaware Lawyer - Issue 2 - 2024

FEATURE
and Arbitration
Hon. Mary M. Johnston (Ret.) and William D. Johnston
Mediation
Showcasing ‘The
Delaware Way’ is not just a state but a way of life.” Celia Cohen, Only in Delaware.”1
“Delawareans expect people with no business being together to be
together, and they expect it to happen without incident. ... Delaware
at Its Finest Much has been said of “The Dela- ware Way.” At its best, the refer- ence celebrates Delawareans and others collaborating to efficiently and expeditiously achieve a mutually benefi- cial result. Detractors (or perhaps secret admirers) of the Delaware Way, however, may suggest backroom deals not subject to the light of day. Or, at its worst, “cro-
nyism and ultimately corruption.”2
The good news is that alternative dispute resolution (ADR) in Delaware — principally mediation and arbitra- tion — manifests the very best of the
Delaware Way.
Delaware’s ADR History
Delaware Lawyer previously has ad- dressed the Delaware Way in connec- tion with resolution of broken-deal commercial disputes, in an article that focused on the role of Delaware counsel and non-Delaware counsel — whether disputes are resolved through litigation or ADR.3
This article builds on the previous focus to briefly survey the history of ADR in Delaware, and to suggest how the Delaware Way may have helped in- fluence the development of ADR along the way and continues to do so.
16 DELAWARE LAWYER ISSUE 2 2024