Rule 139.Arbitration Hearing

Part XVI: Rules Governing Mediation and Arbitration Proceedings for Business Disputes · Last amended August 9, 2011 · Last verified July 28, 2026

In one sentenceRule 139 requires an authorized representative and Delaware counsel at the arbitration hearing, keeps the hearing and related communications confidential subject to narrow exceptions, immunizes the Arbitrator absent bad faith, lets the parties pivot to mediation or settlement at any stage, and converts a final award into an enforceable judgment.

Full Text of Rule 139

Text sizeJump to: (a) (b)

(a) Participation. At least one representative of each party with an interest in the issue or issues to be arbitrated and with authority to resolve the matter must participate in the arbitration hearing. Delaware counsel, as defined in Rule 90.1(a), shall also attend the arbitration hearing on behalf of each party.

(b) Confidentiality. Arbitration hearings are private proceedings such that only parties and their representatives may attend, unless all parties agree otherwise. An Arbitrator may not be compelled to testify in any judicial or administrative proceeding concerning any matter relating to service as an Arbitrator. All memoranda and work product contained in the case files of an Arbitrator are confidential. Any communication made in or in connection with the arbitration that relates to the controversy being arbitrated, whether made to the Arbitrator or a party, or to any person if made at an arbitration hearing, is confidential.

(1) Such confidential materials and communications are not subject to disclosure in any judicial or administrative proceeding with the following exceptions:

(a) where all parties to the arbitration agree in writing to waive the confidentiality, or

(b) where the confidential materials and communications consist of statements, memoranda, materials, and other tangible evidence otherwise subject to discovery, which were not prepared specifically for use in the arbitration hearing.

(c) Civil Immunity. Arbitrators shall be immune from civil liability for or resulting from any act or omission done or made in connection with the Arbitration, unless the act or omission was made or done in bad faith, with malicious intent, or in a manner exhibiting a willful, wanton disregard of the rights, safety, or property of another.

(d) Mediation Option. The parties may agree at any stage of the arbitration process to submit the dispute to the Court for mediation. The judge or commissioner assigned to mediate the dispute may not be the Arbitrator unless the parties agree.

(e) Settlement Option. The parties may agree, at any stage of the arbitration process, to seek the assistance of the Arbitrator in reaching settlement with regard to the issues identified in the petition prior to a final decision from the Arbitrator. Any settlement agreement shall be reduced to writing and signed by the parties and the Arbitrator. The agreement shall set forth the terms of the resolution of the issues and the future responsibility of each party.

(f) Remedy and Relief.

(1) Award. The Arbitrator may grant any remedy or relief that the Arbitrator deems just and equitable and within the scope of any applicable agreement of the parties.

(2) In addition to a final award, the Arbitrator may make other decisions, including interim, interlocutory, or partial rulings, orders and awards.

(3) Upon the granting of a final award, a final judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree.

(4) The Arbitrator is ineligible to adjudicate any subsequent litigation arising from the issues identified in the petition.

(g) Costs for Arbitration. Costs for filing and per-day (or partial day) fees shall be assessed in accordance with a schedule to be maintained by the Prothonotary.

End

Amendment History

Added, effective Aug. 9, 2011.

Plain-English Summary

Rule 139(a) requires the same attendance mediation does: a representative from each party with authority to resolve the matter, plus Delaware counsel. Rule 139(b) keeps the hearing private — only parties and their representatives attend unless everyone agrees otherwise — and confidentiality covers the same ground as mediation: the Arbitrator can't be forced to testify about serving in that role, work product and memoranda stay confidential, and communications tied to the dispute stay confidential too, with the same two exceptions — a written waiver by all parties, or evidence that would have been discoverable anyway and wasn't prepared specifically for the hearing.

Rule 139(c) gives Arbitrators the same civil immunity Rule 136 gives Mediators: no liability for an act or omission connected to the arbitration, unless it's done in bad faith, with malicious intent, or with willful, wanton disregard for someone's rights, safety, or property. The parties aren't locked into arbitration once it starts, either. Rule 139(d) lets them agree, at any stage, to submit the dispute to the Court for mediation instead, with a different judge or commissioner unless they agree otherwise, and Rule 139(e) lets them ask the Arbitrator directly for help reaching a settlement before a final decision comes down; any settlement reached that way gets reduced to writing and signed by the parties and the Arbitrator.

On the merits, Rule 139(f) lets the Arbitrator grant any remedy or relief within the scope of the parties' agreement that the Arbitrator finds just and equitable, and lets the Arbitrator issue interim, interlocutory, or partial rulings along the way, not just a single final award. Once a final award issues, the Court enters a final judgment or decree consistent with it, enforceable like any other judgment — and, as with mediation, the Arbitrator can't later adjudicate any litigation growing out of the same issues. Rule 139(g) has costs for filing and for each day, or partial day, of the hearing follow a schedule the Prothonotary maintains.

Frequently Asked Questions

Who has to attend the arbitration hearing?

A representative from each party with authority to resolve the matter, and Delaware counsel, under Rule 139(a).

Can the parties switch from arbitration to mediation partway through?

Yes. Rule 139(d) lets the parties agree, at any stage of the arbitration, to submit the dispute to the Court for mediation instead, with a different judge or commissioner unless the parties agree otherwise.

What happens once the Arbitrator issues a final award?

A final judgment or decree is entered consistent with it, enforceable like any other judgment.

Is the Arbitrator immune from being sued over the arbitration?

Yes, unless the act or omission was done in bad faith, with malicious intent, or with willful, wanton disregard for someone's rights, safety, or property.

Can the Arbitrator issue rulings before the final award?

Yes. Rule 139(f)(2) lets the Arbitrator make interim, interlocutory, or partial rulings, orders, and awards in addition to a final award.

Source & verification. Rule text is reproduced verbatim from the Delaware Rules of Civil Procedure for the Superior Court, adopted by the Superior Court of the State of Delaware. Last verified July 28, 2026. · Official source

Also known as: delaware arbitration hearing rulesarbitrator immunity delawarefinal arbitration award judgment delawareswitch arbitration to mediation delaware business