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

12 Pages Posted: 12 Jun 2003 Last revised: 24 Nov 2014

See all articles by Leo E. Strine Jr.

Leo E. Strine Jr.

Government of the State of Delaware - Supreme Court of Delaware; Harvard Law School; University of Pennsylvania Law School

Date Written: 2003

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

Suggested Citation

Strine Jr., Leo E., 'Mediation Only' Filings in the Delaware Court of Chancery: Can New Value Be Added by One of America's Business Courts? (2003). Duke Law Journal, Vol. 53, P. 585, 2003. Available at SSRN: https://ssrn.com/abstract=414483 or http://dx.doi.org/10.2139/ssrn.414483

Leo E. Strine Jr. (Contact Author)

Government of the State of Delaware - Supreme Court of Delaware ( email )

820 N. French Street
P.O. Box 1997
Wilmington, DE 19801
United States

Harvard Law School ( email )

1563 Massachusetts Ave
Cambridge, MA 02138
United States

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

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