This rule authorizes the court to order parties in civil cases to compulsory alternative dispute resolution. The ADR processes specified by the rule include binding and non-binding arbitration, mediation and neutral case assessment. If parties cannot agree on one of these processes, mediation will be the default process used. The parties must select an ADR practitioner, or request the court to appoint one in the event that the parties cannot, through good faith efforts, come to an agreement. The rule outlines requirements for practitioner qualifications, compensation, and confidentiality. Mention is also made of procedure for appeals and practitioner immunity from civil liability.
Delaware Court of Common Pleas Rule 16 - Pre-trial procedure; formulating issues.Court of Common Pleas of Delaware. Mar. 1, 2018