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Joint Petition for Mediation Form. This is a Delaware form and can be use in Chancery Court Statewide.
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Tags: Joint Petition for Mediation, Delaware Statewide, Chancery Court
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
MEDIATION REQUESTED IN:
[Corporation, Inc.]
and
[Party B]
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Mediation No. __________
JOINT PETITION FOR MEDIATION
[Corporation, Inc. and Party B], by and through their undersigned counsel, hereby
petition the Court pursuant to 10 Del. C. §§ 346 and 347 and Court of Chancery Rules 93
through 95, as follows:
1.
IF LITIGATION IS PENDING: [Corp., Inc.] and [Party B] are parties to
certain litigation currently pending as [give caption and Civil Action Nos.] in the [Court Name].
2.
IF NO LITIGATION PENDING: [Briefly state nature of action, and/or
include draft complaints or exhibits.]
3.
[Corp., Inc. or Party B or both] is [are] a [specify type of business entity]
organized and existing under the laws of the State of Delaware or having its principal place of
business in Delaware.
4.
[Corp., Inc. and Party B] hereby consent to mediation in an attempt to
reach a resolution of the issues raised in their dispute. By this Petition, the parties jointly request
that the mediation be conducted in the Court of Chancery of the State of Delaware, pursuant to
10 Del. C. §§ 346 and 347 and Court of Chancery Rules 93 through 95.
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5.
The disputes between the parties involve [provide brief description; for a
patent dispute, for example, the description might be “involve patent technologies and include
(a) the alleged infringement of U.S. patents and the damages therefore, (b) the validity of the
patents-in-suit, and (c) certain equitable issues.”] No consumers are parties to this [dispute or
action.] IN THE CASE OF A DISPUTE INVOLVING SOLELY A CLAIM FOR MONEY
DAMAGES: The amount in controversy in the pending [dispute or action] is in excess of one
million dollars ($1,000,000).
WHEREFORE, [Corp., Inc. and Party B] hereby request that the Court enter an
order scheduling a Mediation Conference in accordance with Court of Chancery Rules 93-95. A
proposed form of order is attached to this Petition.
Dated:
[Attorney for Corp., Inc.]
[Attorney’s address]
[Attorney for Party B]
[Attorney’s address]
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