Court of Chancery Rules 93, 94, 95 and 174 and 10 Del. C. § 347 provide an excellent opportunity for parties to mediate disputes meeting certain requirements with a Court of Chancery judge or master acting as a mediator. Rule 174 governs mediations in cases already pending in the Court of Chancery, while 10 Del. C. § 347 and Court of Chancery Rules 93, 94 and 95 govern disputes filed as "mediation only" matters in the court. Under Rule 174, parties to an ongoing case pending in the Court of Chancery may agree to mediation.
Under 10 Del. C. § 347, parties may agree to have a business dispute mediated, as long as at least one party is a business entity; at least one party is a business entity formed or organized under Delaware law or having its principal place of business in Delaware; no party is a consumer with respect to the matter in dispute; and if the dispute involves solely a claim for monetary damages, the amount in controversy exceeds $1 million. If a dispute does not meet these requirements but the parties wish to obtain the insights of a judge, they should consider hiring a former chancellor, vice chancellor or judge from another court to act as a mediator.
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