Mediation offers an opportunity for rational exploration of potential solutions to disputes that reconcile differing interests. In many disputes, mediation can expand parties’ options for creative resolutions beyond the limited range of outcomes typically available in contested litigation. 

Delaware ADR’s Professional Neutrals are uniquely qualified to foster principled negotiation, identify parties’ business goals and options for mutual gain, and guide parties to craft durable agreements to resolve disputes. Where a total separation of interests is not the best outcome for the parties, Professional Neutrals can mediate resolutions that involve renegotiation of sophisticated business relationships.  

Delaware ADR’s mediation success is the result of thorough preparation; intensive, ex parte engagement; persistence; and results-oriented facilitation of principled negotiation. Our Professional Neutrals’ dedication to ADR translates into deep engagement with every mediation before them. Delaware ADR’s team drills down on the factual and legal issues, as well as the needs and goals of the parties and other key stakeholders. Our mediation process prioritizes party and counsel access to their mediator. All parties participate in ex parte strategy sessions with the Professional Neutral to increase the likelihood for success during mediation sessions.

The team at Delaware ADR is especially well-qualified to manage mediation of complex disputes complicated by factors such as numerous parties, related insurance coverage disputes, or a need for limited pre-litigation discovery. 

Pre-litigation mediation is frequently an overlooked option. It can be productive to mediate before sensitive information is made public and before the parties become locked into their respective narratives. Delaware ADR has a successful track record for mediating matters in a pre-litigation posture. Delaware ADR’s deep judicial and case management experience allows Delaware ADR’s Professional Neutrals to be especially effective in facilitating pre-litigation discovery so that—even in a pre-litigation posture—the parties have access to the information that is necessary for rational commercial decision-making regarding settlement value. Many disputes would benefit by receipt of the pre-litigation assessment available by mediating with Delaware ADR.

Delaware ADR’s approach to mediation always involves careful analysis of the application of the law to the facts, shared on an ex parte basis, for a more robust discission of litigation risks and to inform settlement decisions.

One of Delaware ADR’s tools for mediating disputes with significant legal complexity is co-mediation. Vice Chancellor Glasscock is available to co-mediate, promoting principled negotiation and allowing for a more robust discussion of litigation risks.