Delaware Business Litigation Report

Superior Court Alters ADR Rules, Substitutes Mediation as Default Format

Effective March 1, 2008, the Superior Court amended Civil Rule 16 and repealed Civil Rule 16.1 to alter the compulsory alternative dispute resolution ("ADR") process mandated under Court rules.  The amendments substitute mediation for arbitration as the Court's default format for ADR in the event the parties cannot agree.  The amendments also require parties to make a good faith effort to agree on an ADR Practitioner, or face possible Court-imposed sanctions.

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