Rule 16.2 was to be in effect for a period of one year, at which time the Superior Court was to review the process and make recommendations for permanent implementation of a court-annexed mediation program. The program was designed and implemented as a pilot project in New Castle County. Civil Rule 16.2 provides for the mediation of any civil case in which the parties may elect this dispute resolute option or, in the alternative, the Court may refer a case to mediation on the basis of established guidelines. Any civil matter pending on the Superior Court docket is eligible for referral to voluntary mediation. This Rule, however, does not circumvent the processing of any Civil Case Scheduling Order or any case subject to Superior Court Civil Rule 16.1 Compulsory Arbitration.
Mediation is merely an additional alternative process.
Mediation is the process wherein a mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy 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. It is a confidential process in which the mediator, a third party neutral, directs settlement discussions, but does not render a judgment regarding any issue in dispute. The mediator helps the parties reach their own negotiated settlement by holding joint sessions with all parties present followed by caucuses with each party individually, during which issues are defined, emotions are defused, and potential resolutions are discussed. Historically, mediation has always been recognized as a non-adversarial, problem solving technique. In the United States, however, the use of mediation was generally confined to the areas of labor-management negotiations or domestic relations disputes.