Alternative Dispute Resolution INTEGRAL ROLE

Clients benefit from our intimate knowledge of the evolving new ADR infrastructure.

As the rules and procedures for expanded ADR activity are being established, Richard Layton & Finger’s integral role in Delaware’s legal landscape means that we have direct input into this evolving new ADR infrastructure.

Delaware’s primary litigation venues—the Court of Chancery for matters in equity and the Superior Court for matters of law—are together widely regarded as the best and most effective business court system in the country. Central to the courts’ effectiveness is the Delaware Uniform Arbitration Act (DUAA), which allows the enforcement of private arbitration agreements and the appointment of arbitrators in the absence of formal arbitration agreements.

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Our attorneys played key roles in the development of the Delaware Rapid Arbitration Act (DRAA). 

Enacted in April 2015, the DRAA provides for broad powers for the arbitrator, ready confirmation, and limited appeal directly to the Delaware Supreme Court.  Intended for sophisticated business parties, the DRAA offers a framework for completing an arbitration in as little as 120 days.

The Delaware Bankruptcy Court, recognized as a leading court for complex and diverse business restructurings, frequently uses ADR procedures to resolve disputes ranging from complex chapter 11 plan issues to resolving preference litigation.

Richards Layton bankruptcy attorneys have served successfully and extensively as mediators and as counsel to parties in a wide range of bankruptcy mediations.

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Beyond Delaware

In addition to ADR proceedings in Delaware state and federal courts, our lawyers have appeared in proceedings of the American Arbitration Association and the International Chamber of Commerce.  We are experienced in formal ADR proceedings, and have also conducted negotiation and settlement at every stage of litigation—before, during, and after trial, as well as on appeal.