Page 19 - Delaware Lawyer - Issue 2 - 2024

To state the obvious, concepts of ADR likely have been an important part of life — in one form or another — since the dawn of civilization. In more recent history, particularly in extrajudi- cial constructs, ADR typically has taken the form of mediation or arbitration. And Delaware has been no exception.
Delaware Supreme Court Chief Justice Daniel L. Herrmann encour- aged consideration of ADR in the early 1980s, including urging the teaching of ADR in law schools.
The Delaware Bar in the Twentieth Century, in 1994, recounted arbitration and mediation initiatives in the Dela- ware Superior Court, reporting that “the results have been overwhelmingly
favorable.”4 The chapter concluded:
Although relatively new in the history of the Delaware Bar, alterna- tive dispute resolution has gained an important role in the Delaware judi- cial system and Delaware has taken a leading role in the country in ADR, first in its devotion of resources to court-mandated arbitration and, more recently, mediation. Delaware is thus taking its place on the tide of the movement toward “multi-door courthouses” in which potential litigants have multiple options for resolution of their dispute.5
As of 2011, the History of the Dela- ware Bar From 1995 Through 2010 recounted the Delaware Superior
Concepts of ADR likely have been an important part of life — in one form or another — since the dawn of civilization. In more recent
history, particularly in extrajudicial constructs, ADR typically has taken the form of mediation or arbitration.
Court’s continued ADR initiatives.6 And, importantly, the book went on to recognize the ground-breaking ef- forts (and success) of Chief Magistrate Judge Mar y Pat Thynge in ser ving as a mediator in the United States District Court for the District of Delaware.7
In addition, mediation initiatives have been pursued successfully in the Bankruptcy Court for the District of Delaware, the Court of Chancery, the Court of Common Pleas, the Fam- ily Court, the Justice of the Peace Courts, and certain State administra- tive agencies. Likewise, the Third Cir- cuit Court of Appeals has had success with mediation of matters on appeal.8
Of note, the book celebrating
ISSUE 2 2024 DELAWARE LAWYER 17
BUD KEEGAN