Part XVI: Rules Governing Mediation and Arbitration Proceedings for Business Disputes · Last amended August 9, 2011 · Last verified July 28, 2026
In one sentenceRule 135 starts mediation with a petition, signed by Delaware counsel and filed with the Prothonotary along with the filing fee, that identifies the issues and confirms the parties' consent and eligibility, and it has the Court appoint a Mediator who sets a conference generally within 60 days.
(1)Mediation is commenced by submitting to the Prothonotary a petition for mediation (hereinafter a “petition”) and the filing fee specified by the Prothonotary. The petition must be signed by Delaware counsel, as defined in Rule 90.1 (a). Sufficient copies shall be submitted so that one copy is available for delivery to each party as hereafter provided, unless the court directs otherwise.
(2)The petition shall be sent by the Prothonotary, via next day delivery, to either a person specified in the applicable agreement between the parties to receive notice of the petition or, absent such specification, to each party’s principal place of business or residence. The petitioning party shall provide the Prothonotary with addresses of each party.
(3)The petition will identify the issues to be mediated and specify the method by which the parties shall attempt to resolve the issues. The petition must also contain a statement that all parties have consented to mediation by agreement or stipulation, that the Superior Court would have subject matter jurisdiction to adjudicate the business dispute, that at least one party is a business entity, that at least one party is a business entity formed or organized under the laws of Delaware or having its principle place of business in Delaware, or that the business dispute is governed by Delaware law, and that no party is a consumer with respect to the dispute. In the case of disputes involving solely a claim for monetary damages, the petition must contain a statement of the amount in controversy.
(4)Confidentially. The petition and any supporting documents are considered confidential and not of public record. The Prothonotary will not include the petition as part of the public docketing system.
(b)Appointment of the Mediator. Upon receipt of a petition, the Court will appoint a Mediator.
(c)Date, Time, and Place of Mediation. The Mediator will set the date, time, and place of the mediation conference within 15 days following receipt of the petition. The mediation conference generally will occur no later than 60 days following receipt of the petition.
(d)Submission of Documents. There shall be no formal discovery in connection with mediation proceeding under these Rules. The Mediator may request parties to exchange or provide to the Mediator documents or other materials necessary to understand the dispute or facilitate a settlement. The parties may agree to exchange any documents or other material in the possession of the other that may facilitate a settlement.
Amendment History
Added, effective Aug. 9, 2011.
Plain-English Summary
A mediation begins when a party submits a petition to the Prothonotary, along with the required filing fee, signed by Delaware counsel as Rule 90.1(a) defines that term. The Prothonotary sends the petition, via next-day delivery, to whoever the parties' agreement names to receive notice, or, absent that, to each party's principal place of business or residence — using addresses the petitioning party supplies.
The petition itself does real work. It identifies the issues to be mediated and how the parties intend to try to resolve them, and it has to state that every party consented to mediation, that the Superior Court would have subject matter jurisdiction over the dispute, that at least one party is a business entity, that at least one party is a Delaware business entity or has its principal place of business in Delaware or the dispute is governed by Delaware law, and that no party is a consumer in the dispute. If the dispute is solely for monetary damages, the petition also states the amount in controversy. None of this becomes part of the public record — Rule 135(a)(4) keeps the petition and its supporting documents confidential and off the public docket.
Once the Court receives the petition, it appoints a Mediator, who then sets the date, time, and place of the mediation conference within 15 days of receiving the petition; the conference itself generally happens within 60 days of that same receipt date. There's no formal discovery — the Mediator can ask the parties to hand over documents or other material needed to understand the dispute or reach a settlement, and the parties can also agree between themselves to exchange material that might help.
That all parties consented to mediation, that the Superior Court has subject matter jurisdiction, that at least one party is a business entity with the required Delaware connection, that no party is a consumer, and, for purely monetary disputes, the amount in controversy.
Is the mediation petition public?
No. Rule 135(a)(4) makes the petition and any supporting documents confidential, and the Prothonotary doesn't include it in the public docketing system.
How soon after filing does mediation happen?
The Mediator sets the date, time, and place within 15 days of receiving the petition, and the conference generally occurs no later than 60 days after that receipt.
Is there formal discovery before a mediation conference?
No. Rule 135(d) states there's no formal discovery, though the Mediator can request documents or materials needed to understand the dispute, and the parties can agree to exchange material on their own.
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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