Rule 6A. Arbitration conferences

(a) Arbitration conference. If the Court refers an action to arbitration upon receipt of a

complaint, an arbitration conference shall be scheduled and notice of same shall issue to the

person charged, the custodian if the person is a child, the attorney, the complainant, the

victim, and to any investigating law enforcement official, informing them of:

(1) the requirement that the person charged and, if the person charged is a child, the

custodian appear at the arbitration conference;

(2) the nature, purpose, time and place of the conference;

(3) that the complainant, victim and investigating law enforcement official have the right to

appear at the conference;

(4) that the person charged may withdraw from the arbitration process at any time;

(5) that the arbitration officer, a master or a judge may terminate the arbitration process at

any time prior to the conclusion of the conference or subsequently, if the conditions set

by arbitration are violated or new charges are filed;

(6) that if the person charged withdraws from the arbitration process or the Court terminates

the arbitration process, will be referred to the Attorney General for review and action in

accord with Rule 7(b);

(7) that the person charged may be represented by counsel;

(8) that the arbitration conference shall be informal without requiring adherence to normal

Court procedure or the Delaware Rules of Evidence, and nothing said by the parties or

other persons participating during the conference may be used against them in subsequent

proceedings in any court;

(9) that the arbitration agreement will not extend beyond a period of time established by the

Court; and

(10) that upon successful completion of the conditions of arbitration, the action will be

dismissed.

re or the Delaware Rules of Evidence, and nothing said by the parties or

other persons participating during the conference may be used against them in subsequent

proceedings in any court;

(9) that the arbitration agreement will not extend beyond a period of time established by the

Court; and

(10) that upon successful completion of the conditions of arbitration, the action will be

dismissed.

(b) Written agreement. At the commencement of the conference, the arbitration officer shall

explain the arbitration process to those present. Any settlement reached by the parties and

approved by the arbitration officer shall be reduced to writing and a written agreement shall

be executed by the arbitration officer, the person charged, and if the person is a child the

custodian as well, and the attorney. Such agreement may include:

(1) reasonable conditions imposed on the child and custodian; and

(2) restitution or community service requirements.

(c) Continuances. A party may request a continuance of an arbitration conference. If the request

is made for good cause and in a timely manner, it may be granted by the arbitration officer,

after consideration of the timeliness and merit of the request, the age of the case, the number

of previous continuances and the reason(s) therefor, and the position of the opposing party. In

the event the arbitration officer grants a continuance, the reason for the continuance shall be

stated in writing in the Court’s record of the action.

(d) Failure of defendant to appear. If a defendant fails to appear for an arbitration conference

after having been properly served and notified of same, a capias may issue for defendant’s

arrest for failure to appear and/or the defendant may be deemed to have waived the privilege

of arbitration.