§ 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 […]
§ 7701. Short title; purpose.
§ 7701. Short title; purpose. (a) This chapter shall be known and may be cited as the “Delaware Voluntary Alternative Dispute Resolution Act.” (b) The purposes of the Delaware Voluntary Alternative Dispute Resolution Act are to provide a means to resolve business disputes without litigation and to permit parties to agree, prior to any disputes […]
§ 7702. Definitions.
§ 7702. Definitions. As used in this chapter, unless the context otherwise requires: (1) “ADR” means the alternative dispute resolution method provided for by this chapter unless the parties to a dispute adopt by written agreement some other method of ADR in which event “ADR” shall refer to the method they adopt. (2) “ADR Specialist” […]
§ 7703. How ADR is selected.
§ 7703. How ADR is selected. (a) Any person, by filing the certificate provided for in § 7704 of this title, shall be deemed to have agreed to submit all disputes subject to ADR to the ADR provided for by this chapter. Upon the filing of such certificate, the filer shall be bound by the […]
§ 7704. Contents of certificate.
§ 7704. Contents of certificate. (a) The certificate of agreement to submit to ADR shall set forth: (1) The name of the person filing the certificate, (2) The address of such person (which shall include the street, number, city and state) at which it shall be given notice of any dispute, and (3) The agreement […]
§ 7705. Place of filing.
§ 7705. Place of filing. (a) The certificate accepting ADR shall be filed with the Secretary of State of the State of Delaware and shall be executed and acknowledged by the chairperson or vice-chairperson of the board of directors or by the president or vice-president of any corporation, by a general partner of any partnership, […]
§ 7706. Filing fee.
§ 7706. Filing fee. No certificate accepting ADR or revoking ADR shall be filed unless it shall be accompanied by the payment of $1,000 to the State, except that the filing fee shall be $100 for every corporation, limited partnership, statutory trust, limited liability company or other entity organized under the laws of the State. […]
§ 7707. Revocation of ADR.
§ 7707. Revocation of ADR. A certificate accepting ADR may be revoked by the filing of a certificate stating that it revokes a previously filed certificate. A certificate of revocation shall be executed and acknowledged in the same manner as a certificate accepting ADR. A certificate of revocation shall be effective upon filing and payment […]
§ 7708. Qualifications of ADR Specialist.
§ 7708. Qualifications of ADR Specialist. The ADR proceedings shall be conducted by any individual meeting one of the following criteria: (a) Successful completion of 25 hours of training in resolving civil disputes in a course approved by the department or division of the government authority charged with responsibility over adult education in the jurisdiction […]
§ 7709. Selection of ADR Specialist.
§ 7709. Selection of ADR Specialist. (a) In the case of ADR proceedings that are to be held in the State, the party who initiates the proceedings shall select a panel of 3 ADR Specialists in Delaware to be considered by the parties. Unless the parties otherwise agree in writing, the ADR Specialist shall thereafter […]