# Del. Fam. Ct. Crim. R. 6A: Rule 6A. Arbitration conferences

> Delaware · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEFAMCRIM_R6A

## Section

- **Citation:** Del. Fam. Ct. Crim. R. 6A
- **Heading:** Rule 6A. Arbitration conferences
- **Jurisdiction:** Delaware
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Delaware Court Rules / Family Court / Family Court Criminal Rules / Del. Fam. Ct. Crim. R. 6A

## Text

(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.

## Nearby sections

- [Del. Fam. Ct. Crim. R. 1 Rule 1. Scope; title; effective date; definitions; application of terms](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEFAMCRIM_R1.md)
- [Del. Fam. Ct. Crim. R. 2 Rule 2. Purpose and construction](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEFAMCRIM_R2.md)
- [Del. Fam. Ct. Crim. R. 3 Rule 3. Commencement of action](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEFAMCRIM_R3.md)
- [Del. Fam. Ct. Crim. R. 4 Rule 4. Warrant or summons upon complaint](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEFAMCRIM_R4.md)
- [Del. Fam. Ct. Crim. R. 5 Rule 5. Initial appearance before the committing magistrate](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEFAMCRIM_R5.md)
- [Del. Fam. Ct. Crim. R. 5.1 Rule 5.1. Child detention](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEFAMCRIM_R5_1.md)
- [Del. Fam. Ct. Crim. R. 5.2 Rule 5.2. Manner of notice](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEFAMCRIM_R5_2.md)
- [Del. Fam. Ct. Crim. R. 6 Rule 6. The grand jury](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEFAMCRIM_R6.md)
- [Del. Fam. Ct. Crim. R. 6A Rule 6A. Arbitration conferences](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEFAMCRIM_R6A.md)
- [Del. Fam. Ct. Crim. R. 6B Rule 6B. Amenability hearings in child delinquency proceedings](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEFAMCRIM_R6B.md)
- [Del. Fam. Ct. Crim. R. 6C Rule 6C. Preliminary hearing](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEFAMCRIM_R6C.md)
- [Del. Fam. Ct. Crim. R. 7 Rule 7. The information and petition](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEFAMCRIM_R7.md)
- [Del. Fam. Ct. Crim. R. 7.1 Rule 7.1. Cases transferred from the Court of Common Pleas for New Castle](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEFAMCRIM_R7_1.md)
- [Del. Fam. Ct. Crim. R. 8 Rule 8. Joinder of offenses and of persons charged](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEFAMCRIM_R8.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEFAMCRIM_R6A. Check the current official text before relying on it. Not legal advice.
