Page 21 - Delaware Lawyer - Issue 2 - 2024

Many judges in the Superior Court and the District of Delaware require parties to at least explore mediation as
a potential means for resolution of cases.
country (or, for that matter, the world). Some matters are mediated before they “ripen” into arbitration or litigation. Other matters proceed directly to arbi- tration, pursuant to contractual provi- sions agreed to by counter-parties. And still other matters find their way to me- diation as pending litigation matters — pre-discovery, in the midst of discovery, before or after dispositive motion prac- tice, or on the eve of trial.
Delaware courts have also continued their embrace of ADR to help parties resolve their disputes extra-judicially. Many judges in the Superior Court and the District of Delaware require parties to at least explore mediation as a poten- tial means for resolution of cases, and the Court of Chancery has established substantive mediation programs for both cases pending before the Court,10 and for disputes that have not yet given rise to a judicial action.11 These efforts
have led to the resolution of countless matters that would otherwise have re- quired judicial intervention, while pro- moting efficiency for both the parties and the courts.
The Delaware Way
So, what difference has the Delaware Way made in the development of ADR in Delaware, and in what currently is occurring in Delaware with regard to ADR?
As has been emphasized previously, the role of Delaware counsel in me- diation or arbitration proceedings is critically important, as it is in litigation pending in Delaware state or federal courts.12
At the same time, while there is certainly no shortage of excellent non- Delaware mediators and arbitrators, there can be substantial value associ- ated with engaging a Delaware-based
WHERE YOU BANK MATTERS.
THE DELAWARE BAR FOUNDATION THANKS ITS PRIME PARTNERS
The Bar Foundation thanks Delaware’s Prime Partner Banks, listed below, that have elected to offer a premium rate on IOLTA Accounts, going above and beyond the rule requirements and partnering with the Foundation to ensure the success of the IOLTA Program. The IOLTA Program supports Delaware’s
civil legal aid agencies, who last year helped over 15,000 Delawareans in need.
Artisans Bank
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ISSUE 2 2024 DELAWARE LAWYER 19