As a result of COVID-19 and various moratoriums on evictions, Delaware’s Justice of the Peace Court is facing a backlog of landlord/tenant cases. In an effort to address this backlog, the Court recently announced that on November 2, 2020, all landlord/tenant cases filed on or after July 1, 2020, would be automatically referred to a new online dispute resolution (ODR) program. Delaware’s new ODR program operates on the Matterhorn platform and is free for parties. Participation in the ODR program is mandatory, provided the parties have an active email address, have access to the internet and are at least 18 years old.
Through the ODR platform, parties will be able to review and respond to messages from the other party at their own convenience. The goal is for parties to utilize the ODR platform and find ways to resolve their disputes on their own. However, parties will have the option to access a mediator in the event that either (1) the parties are unable to reach an agreement on their own or (2) the parties do reach an agreement on their own but prefer to have a mediator prepare their agreement. In a Frequently Asked Questions resource from the Court, the Court notes that the mediators for the program are either specially trained Justice of the Peace Court Judges or members of the Delaware Bar Alternative Dispute Resolution section.
In an effort to further assist parties, the Court has created ODR “How to” registration videos for landlords and for tenants. Those interested in additional information on the program may visit the Court’s website.