Rule 134.Scope of Rules for Mediation

Part XVI: Rules Governing Mediation and Arbitration Proceedings for Business Disputes · Last amended August 9, 2011 · Last verified July 28, 2026

In one sentenceRule 134 governs Superior Court mediation of business disputes under 10 Del. C. Section 546, limiting eligibility for purely monetary disputes to cases where the amount in controversy exceeds $100,000, and it lets the parties change the mediation rules by agreement if the Mediator consents.

Full Text of Rule 134

Text sizeJump to: (a) (b) (c) (d)

(a) These rules shall govern the procedure in mediation proceedings for business disputes pursuant to 10 Del. C. § 546.

(b) In the case of disputes involving solely a claim for monetary damages, a matter will be eligible for mediation only if the amount in controversy exceeds one hundred thousand dollars.

(d) Definitions.

(1) “Mediation” means the process by which a mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution and includes all contacts between the Mediator and any party or parties, until such time as a resolution is agreed to by the parties or the parties discharge the Mediator.

(2) “Mediator” means a judge or commissioner sitting permanently in the Court.

(3) “Mediation conference” means the process, which may consist of one or more meetings or conferences, pursuant to which the Mediator assists the parties in seeking a mutually acceptable resolution of their dispute through discussion and negotiation.

(4) “Consent to Mediate” means a written or oral agreement to engage in mediation in the Superior Court. Provided that the parties and the amount in controversy meet the eligibility requirements in 10 Del. C. § 546, a consent to mediate is acceptable if it contains the following language: “The parties agree that any dispute arising under this agreement shall be mediated in the Superior Court of the State of Delaware, pursuant to 10 Del. C. § 546.”

Amendment History

Added, effective Aug. 9, 2011.

Plain-English Summary

Rule 134 opens Part XVI's mediation track, created under 10 Del. C. Section 546. Where a dispute involves solely a claim for monetary damages, it's eligible for mediation only if the amount in controversy exceeds $100,000 — the same threshold Part XV uses for Summary Proceedings. The parties can change any of these mediation rules by agreement, but only with the Mediator's consent.

Rule 134(d) defines the vocabulary the rest of Part XVI's mediation rules rely on. Mediation covers the entire process — every contact between the Mediator and the parties — through which a mediator helps two or more parties reach a resolution they both accept, ending only when they reach that resolution or discharge the Mediator. The Mediator is a judge or commissioner sitting permanently in the Court. A mediation conference is the actual meeting or series of meetings where the Mediator helps the parties negotiate. And a Consent to Mediate is the written or oral agreement to mediate in Superior Court, so long as the parties and the amount in controversy meet Section 546's eligibility requirements.

Frequently Asked Questions

What amount in controversy does a purely monetary business dispute need to qualify for Superior Court mediation?

It must exceed $100,000, under Rule 134(b).

Who serves as the Mediator in a Superior Court mediation?

A judge or commissioner sitting permanently in the Court, as defined in Rule 134(d)(2).

Can the parties change the mediation rules for their own case?

Yes, but only with the Mediator's consent, under Rule 134(c).

What does a Consent to Mediate need to establish?

Rule 134(d)(4) treats a written or oral agreement to mediate in Superior Court as acceptable so long as the parties and the amount in controversy meet the eligibility requirements set out in 10 Del. C. Section 546.

What law authorizes this mediation track?

10 Del. C. Section 546.

Source & verification. Rule text is reproduced verbatim from the Delaware Rules of Civil Procedure for the Superior Court, adopted by the Superior Court of the State of Delaware. Last verified July 28, 2026. · Official source

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