Delaware Motion to Refer Case to Mediation

Category:

Arbitration and Mediation - Motions

State:

Multi-State

Control #:

US-02642BG

Format:

Instant download

Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.

Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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How to fill out Motion To Refer Case To Mediation?

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FAQ

A mediation pursuant to this section shall involve a request by parties to have a member of the Court of Chancery, or such other person as may be authorized under rules of the Court, act as a mediator to assist the parties in reaching a mutually satisfactory resolution of their dispute.

The benefit of attending mediation is that mediation is a non-binding process. This means that parties cannot force the other to enter into an agreement or resolution. Rather, the parties must voluntarily agree to accept any resolutions.

Court of Chancery Rule 174(b) provides that, with the consent of the parties, the court may enter an order referring all or part of a pending matter to a current judicial officer for mediation. Rule 174 addresses aspects of the resulting mediation process but does not establish a procedure for requesting mediation.

Form 548, Request for Continuance of Mediation, should be used for this purpose. The request must be provided to the opposing party or, if represented, the opposing attorney.

(a) No action to recover damages for trespass, no action to regain possession of personal chattels, no action to recover damages for the detention of personal chattels, no action to recover a debt not evidenced by a record or by an instrument under seal, no action based on a detailed statement of the mutual demands in ...

Mediation can be helpful in resolving legal disputes. It is not legally binding unless the parties enter a settlement agreement, also sometimes referred to as a mediation agreement. Mediation can also be legally binding if it is court-ordered.

Responses are due 21 business days after the motion is filed. A reply brief may be filed within 5 days after the response. The motion and response shall not exceed 8,000 words, and shall have a notice page indicating the date and time of the motion hearing.

A request for a continuance is required to be made in writing to the appropriate mediator in a timely manner prior to the mediation conference. Form 548, Request for Continuance of Mediation, should be used for this purpose. The request must be provided to the opposing party or, if represented, the opposing attorney.

Delaware Motion to Refer Case to Mediation

Description

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How to fill out Motion To Refer Case To Mediation?

Form popularity

FAQ

What is the mediation statute in Delaware?

Does mediation involves a legally binding decision?

What is Delaware Court of Chancery Rule 174?

What is a Form 548 in Delaware Family court?

What is 10 del c 8106?

What is legally binding mediation?

How long do you have to respond to a motion in Delaware?

How do you request a continuance of mediation in Delaware?

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Delaware Motion to Refer Case to Mediation

Description

Related forms

Viewed forms

How to fill out Motion To Refer Case To Mediation?

Form popularity

FAQ

What is the mediation statute in Delaware?

Does mediation involves a legally binding decision?

What is Delaware Court of Chancery Rule 174?

What is a Form 548 in Delaware Family court?

What is 10 del c 8106?

What is legally binding mediation?

How long do you have to respond to a motion in Delaware?

How do you request a continuance of mediation in Delaware?

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