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    United States District Court

    OVERVIEW OF MEDIATION/ADR PROCESSES

    The District of Delaware’s Alternative Dispute Resolution (ADR) Program uses magistrate judges to conduct mediation, settlement conferences, binding and non­binding arbitrations, early neutral evaluations and summary jury trials on a case-by-case basis.

    Counsel and the litigants are encouraged by the Court to explore alternative dispute resolutions with the magistrate judge assigned to the case. All civil cases, except those filed by prisoners, are eligible for ADR. During the initial Rule 16 scheduling conference, the ADR options are discussed and the district judge may include in the case management order a referral to a magistrate judge for ADR.

    The parties may also stipulate to ADR.

    CASE SELECTION

    Eligible Cases: All civil cases, except prisoner petitions and habeas proceedings, may elect to use ADR.

    Excluded Cases: Unless otherwise assigned by a judge, prisoner and habeas petitio