ADRDelaware Asked 2mo ago 1 answer

What Are The Main Differences Between Mediation And Arbitration In Delaware?

Asked by Alex Client on May 15, 2026 · In ADR · Delaware

The question

I’m considering dispute resolution options for a contract issue in Wilmington, DE. I’ve heard about both mediation and arbitration, but I’m confused about the differences between them. What are the main distinctions between mediation and arbitration in Delaware?

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  • Verified Counsel A

    Bar-verified U.S. attorney · 22 yrs in practice · Answered 2mo ago

    Accepted answer
    Mediation and arbitration are both forms of alternative dispute resolution, but they have key differences. In Delaware, mediation is a voluntary process where a neutral third party helps the disputing parties communicate and negotiate to reach a mutually agreeable solution. The mediator does not make a binding decision; rather, they facilitate discussion and encourage compromise. If you choose mediation, consider drafting a mediation agreement to outline the process and expectations. A next step could be to contact the Delaware Department of State for a list of certified mediators. Remember that mediation can be less formal and more flexible than arbitration.
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