Delaware Justice of the Peace Court

Participation in the eviction diversion program is a mandatory step in residential eviction cases filed in the Justice of the Peace Court. The program helps landlords and tenants communicate with one another to explore mutually agreeable solutions before resorting to eviction.

It offers: (a) direct negotiation services for landlords and tenants to try and work out agreements using an online platform and a template for an agreement; (b) neutral, trained mediators to help guide conversation between landlords and tenants in reaching a resolution; and (c) mediation conferences with a mediator to help guide conversation between landlords and tenants in reaching a resolution. The program allows landlords and tenants to take advantage of the methods that align with their needs, promoting flexibility in the dispute resolution process. The combination of direct negotiation and mediator assistance also increases the likelihood of successful resolution of disputes in residential eviction proceedings.

ODR is:

• An online court-monitored, web-based messaging system designed to help you resolve your case.
• Participation in ODR is Mandatory

You and the other party register and log into ODR using any internet-connected device (computer, tablet, smart phone)

• Users only register the first time they log in
• ODR allows an unlimited number of negotiation spaces for different cases
• Each case has its own negotiation space

You talk to each other in writing using ODR

• The process does not take place in real time
• You review and respond to messages from the other party at your own convenience
• Documents needed for your conversation with the other party may be uploaded to ODR

Your ODR conversations are confidential

If you reach an agreement on your own:

• You and the other party complete the written agreement yourselves in ODR, or
• You ask the Court to assign a mediator who will prepare the agreement

For an agreement to be accepted by the Court, the landlord and all tenants who are party to the lease must sign the agreement.

If you and the other party can’t reach an agreement on your own, you may request the assistance of a mediator

• The Court will assign a mediator
• The mediator initially works with each party separately
• The mediator may talk to both parties at the same time if they think it will produce an agreement
• The mediator documents any agreement in ODR and sends it to the Court for approval

If there is no agreement, you go to trial

ODR will ask you if there is a PFA/no contact order when you register

• You must check the box saying there is a PFA/no contact order
• Your case will be assigned a mediator
• The mediator will pass messages between the parties
• The parties will have no direct communication

There is no cost to Court users.

If you are reading this online, you have everything you need to access ODR

ODR works with any device (computer, tablet or mobile) with web access (internet or cell-phone connectivity)

ODR supports the latest browser versions of Chrome, Safari, IE/Edge and Firefox

If you do not have access to a device with web access, contact the Eviction Diversion Unit at 302-674-7090.

Mediation:

• Reduces the need for litigants to come to court
• Resolves cases faster

Mediators are:

• Mediators are trained, experienced neutral third parties who will help you and the other party find a solution to your problem.
• Members of the Delaware Bar Alternative Dispute Resolution (ADR) section

The Court will provide you with the ODR web address

Log into the ODR site to access your case using the “civil action number” on your notice form the Court

Once logged in, you will see three tabs

• Click on the “Conversations” tab
• It will place you in the conversations space where you can engage with the other party and the mediator

The mediation space is private to:

• You
• The other party
• The mediator

No one else has the ability to view your conversation.

With very limited exceptions, such as threatening harm to another person, all discussions are confidential and cannot be used in a trial.

There may be a time when you want the mediator to know something that you don't want to share with the other party

• In this case, ODR allows you to communicate privately with the mediator
• You can have a private conversation with just the mediator by clicking on the "[your name] +Mediator" tab.

Mediators cannot be a witness or their notes subpoenaed in a court case

ODR is more successful when you prepare and have a plan that:

• Identifies your goals
• Assesses what the other party’s goals might be
• Considers several possible settlement options that work for you and the other party

Thinking through these things in advance will help you and the other participant reach an agreement that works for everyone

It’s up to you to decide if you want to accept or reject the offer

If the offer works for you, you can accept it and move on to the next screen

If the offer doesn't work for you, reject it and reply with an explanation of why it doesn’t work for you

• Just saying "no" doesn't help find a solution and will probably end the conversation
• Offering some explanation is usually helpful
• You can make a counter-offer you feel does address your needs

It’s helpful to think through terms that might be important in carrying out your agreement

Here are some terms that you might consider:

• General terms: address “who, what, when, where, and how” considerations
• Future terms: if you’re interacting with each other in the future, how will you do that?
• Monetary terms: when, how, and to whom will you make payments?
• Future dispute resolution: what will you do if you have another dispute?
• Confidentiality: The agreement isn’t confidential but the conversations are
• If there’s a pending court case, who will dismiss the lawsuit or file a consent judgment, and when?
• Any other terms you’ve agreed to

No, but it's a good idea to know what your legal rights are before mediating

Click here or call 211 to find legal assistance in Delaware

Signed agreements are binding contracts

Make sure that you are satisfied with your agreement before signing it

If you have any questions about the agreement or feel pressured to sign, contact the JP Court location handling your case

If a party does not keep the agreement, the party believing that the agreement was not kept can file an affidavit with the court claiming the other party did not keep its agreement

ODR works with any device (computer, tablet or mobile) with web access (internet or cell-phone connectivity)

ODR supports the latest browser versions of Chrome, Safari, IE/Edge and Firefox

Yes

Contact the Justice of the Peace Court at 302-674-7090 or JPmeDEation@delaware.gov

Please visit us at https://www.courts.delaware.gov/jpcourt/jpcivil.aspx