§ 7719. Enforcement of ADR rights.
§ 7719. Enforcement of ADR rights. (a) The right to ADR provided for under this chapter may be enforced by any court with jurisdiction over the parties. Any person who files a certificate under § 7704 of this title thereby consents to the jurisdiction of the Court of Chancery of the State for the purpose […]
§ 7720. Tolling of limitations.
§ 7720. Tolling of limitations. The initiation of ADR under § 7710 of this title shall suspend the running of the statute of limitations applicable to the dispute that is the subject of the ADR until 14 days after the ADR is concluded in accordance with § 7715 of this title. 70 Del. Laws, c. […]
§ 7721. Effect of commencing litigation.
§ 7721. Effect of commencing litigation. Other than a proceeding to require ADR under § 7719 of this title, this chapter and the procedures provided for herein shall cease to have any force or effect upon the commencement of litigation concerning the dispute that is the subject of the ADR proceedings. The parties to any […]
§ 7711. Participation by other parties.
§ 7711. Participation by other parties. When not all the parties to a dispute have filed an ADR certificate or have agreed to be bound by the Delaware Voluntary Dispute Resolution Act, such other parties may be given the opportunity to participate in the ADR proceedings by delivering to them the notice provided for in […]
§ 7712. Scheduling of ADR proceedings.
§ 7712. Scheduling of ADR proceedings. Promptly after notification of appointment, the ADR Specialist shall: (1) advise the parties of a willingness to serve as the ADR Specialist for this dispute, (2) notify the parties of the expected rate of compensation, and (3) set the time and date of the ADR proceedings which shall be […]
§ 7713. Compensation of ADR Specialist.
§ 7713. Compensation of ADR Specialist. (a) The ADR Specialist shall be reimbursed for all reasonable out-of-pocket expenses. The ADR Specialist shall be compensated on the basis of the Specialist’s regular hourly fees for professional services for time spent during the day of the actual ADR proceeding and for any subsequent continuation of the proceedings […]
§ 7714. Conduct of the ADR proceedings.
§ 7714. Conduct of the ADR proceedings. Subject to any agreement of the parties to adopt different rules of proceeding and the power of the ADR Specialist to modify these procedures in appropriate instances, the ADR shall be conducted as follows: (a) No later than 7 days prior to the commencement of the ADR, each […]
§ 7715. Conclusion of ADR.
§ 7715. Conclusion of ADR. Any settlement of the dispute submitted to ADR shall be reduced to writing as soon as possible after the settlement is reached, with such writing to be prepared by the ADR Specialist (unless the parties otherwise agree as part of their settlement that they will prepare the writing) and shall […]
§ 7716. Confidentiality.
§ 7716. Confidentiality. All ADR proceedings shall be confidential and any memoranda submitted to the ADR Specialist, any statements made during the ADR and any notes or other materials made by the ADR Specialist or any party in connection with the ADR shall not be subject to discovery or introduced into evidence in any proceeding […]
§ 7717. Immunity.
§ 7717. Immunity. The ADR Specialist shall have such immunity as if the Specialist were a judge acting in a court with jurisdiction over the subject matter and the parties involved in the dispute that led to ADR. 70 Del. Laws, c. 151, § 1; 70 Del. Laws, c. 186, § 1;