'Mediation Only' Filings in the Delaware Court of Chancery: Can New Value Be Added by One of America's Business Courts?

Abstract

This essay advocates a new role for the Delaware Court of Chancery - the handling of "mediation only" business cases. Mediation only cases are matters submitted to the court solely for the purpose of invoking the services of a member of the Court of Chancery as a mediator to help the parties resolve a business dispute through a mediated settlement. The judicial-mediator would have no adjudicative role in the traditional sense, but would solely act to facilitate a mutually acceptable resolution.

In the essay, the author identifies the possible utility of this concept - which was recently enacted into law - and its consistency, in broad terms, with the historic role of the Delaware Court of Chancery in filling "gaps" in corporate instruments and commercial contracts.

Keywords: Delaware Court of Chancery, business disputes, mediation