Delaware Code Title 6 Sec. 7719 – Enforcement of ADR rights
(a) The right to ADR provided for under this chapter may be enforced by any court with jurisdiction over the parties. Any person who files a certificate under § 7704 of this title thereby consents to the jurisdiction of the Court of Chancery of the State for the purpose of enforcing in a summary proceeding the rights provided for by this chapter.
Terms Used In Delaware Code Title 6 Sec. 7719
- ADR: means the alternative dispute resolution method provided for by this chapter unless the parties to a dispute adopt by written agreement some other method of ADR in which event "ADR" shall refer to the method they adopt. See Delaware Code Title 6 Sec. 7702
- ADR Specialist: means an individual who has the qualifications provided for in § 7708 of this title to conduct an ADR proceeding. See Delaware Code Title 6 Sec. 7702
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: means any individual, corporation, association, partnership, statutory trust, business trust, limited liability company or other entity whether or not organized for profit. See Delaware Code Title 6 Sec. 7702
- State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
(b) In addition to the right to compel ADR provided by subsection (a) of this section, any party to an ADR proceeding to be conducted pursuant to this chapter shall be entitled to reasonable attorneys’ fees incurred in compelling ADR.
(c) Any party failing to pay the reasonable fees and expenses of an ADR Specialist shall be subject to suit by the ADR Specialist for 3 times the amount of such fees and expenses, together with the attorneys’ fees and other costs incurred in such litigation.