Reviewed August 2026
Mediation in Delaware
Delaware Family Court sends most contested custody cases to mediation as a standard step, not an optional add-on. Once a custody petition is filed and the other parent has been personally served, the case is normally referred to mediation. That happens before it ever reaches a judge for a hearing. That default changes only in specific circumstances. If there has been a finding of domestic violence, or a no-contact order is currently in effect, Family Court does not hold a mediation hearing. The exception is if the victim's attorney specifically requests one and is present. Otherwise, mediation is where most Delaware custody cases start. Both parents must complete a disclosure form before the session. The mediator then works to help them either reach a full agreement or pin down exactly what remains in dispute for the judge.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how mediation works under Delaware law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Delaware paperwork. See how Virdix works for California divorces.
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Mediation as the default next step in a custody case
After a Petition for Custody is filed in Delaware Family Court, the respondent must be personally served with a summons and a copy of the petition. Once positive service is returned to the court, the case is normally referred to mediation as the next step, ahead of being assigned to a judge for a hearing. This makes mediation the default path for a Delaware custody dispute, rather than something either parent has to specifically request.
The domestic violence and no-contact order bypass
Delaware Family Court will not hold a mediation hearing if there has been a finding of domestic violence, or if a no-contact order is currently in effect between the parties. The exception is if the victim's attorney specifically requests a mediation hearing and is present for it. If mediation is bypassed for this reason, the petition goes straight to a judge for a hearing instead of a mediation session.
Required disclosure before mediation
Before mediation, each party must complete the Custody, Visitation and Guardianship Disclosure Report, Form 364, and bring the completed form to the session. If mediation is bypassed, each party must instead complete and exchange this disclosure report with the opposing party or attorney. That must happen at least seven calendar days before the first court appearance. The report must also be filed with the court within that same seven-day window.
What happens at the mediation session
At the mediation hearing, the mediator works with the parents to reach an agreement. Where full agreement isn't possible, the mediator helps pin down exactly which issues the parents cannot agree on. The mediator also walks through the language and content of the Contact Guidelines the court uses. When the parents reach a full agreement, a consent order is prepared and signed by both of them. If they cannot fully agree, including on a temporary contact schedule, the mediator may recommend one to hold until the court hearing.
What happens after mediation
When Delaware parents cannot reach a full agreement in mediation, the case moves toward a hearing before a judge. The judge uses whatever temporary contact schedule the mediator recommended in the interim. The disclosure reports both parties already exchanged carry forward too. Mediation in Delaware is designed to resolve the case early or narrow the dispute, so the judge decides fewer contested issues at the hearing. When parents do reach a full agreement in mediation, the result is a consent order signed by both parents. That consent order becomes the court's order in the case. This is a more direct path than in states where a mediated agreement must be submitted separately for judicial review after the fact. In Delaware, the consent order coming out of mediation is itself the operative order once both parents sign it.
Sources: Delaware Courts, Family Court, Custody (official state site), Delaware Courts, Family Court, Divorce/Annulment (official state site)
Not independently confirmed
- Confirm the exact rule number and current text of the Family Court Civil Rule on mandatory mediation referral against the Family Court Rules of Civil Procedure.
- Whether mediation is referred to on the same default basis for divorce property/support disputes as it is for custody petitions
- Whether there is a fee for court-connected mediation or it is provided as part of standard case processing
Mediation in Delaware: frequently asked questions
Is mediation mandatory for custody cases in Delaware?+
For most contested custody cases, yes, as a practical matter. Once a custody petition is filed and the other parent is personally served, Delaware Family Court normally refers the case to mediation before assigning it to a judge for a hearing. There's no need to request mediation. It is the default next step in the process.
What if there's domestic violence in my Delaware custody case?+
Delaware Family Court will not hold a mediation hearing if there has been a finding of domestic violence, or if a no-contact order is currently in effect between the parties. The exception is if the victim's attorney specifically requests a mediation hearing and is present for it. If mediation is bypassed for this reason, the case goes directly to a judge.
What do I need to bring to Delaware custody mediation?+
Each parent must complete the Custody, Visitation and Guardianship Disclosure Report, Form 364, and bring the completed form to the mediation session. If mediation is bypassed, this disclosure report must instead be exchanged with the other party. It must also be filed with the court at least seven calendar days before the first court appearance.
What happens if we don't agree in Delaware custody mediation?+
The mediator works to define exactly which issues remain in dispute and may recommend a temporary contact schedule to hold until the court hearing. The case then moves forward to a judge for a hearing on whatever issues the parents could not resolve in mediation.
Does a Delaware mediation agreement automatically become my custody order?+
Yes, if the parents reach a full agreement. The mediator prepares a consent order that both parents sign, and that consent order functions as the court's order in the case, with no separate judicial hearing needed to adopt it.
What are Delaware's Contact Guidelines?+
They are standards Delaware Family Court mediators explain to parents during a custody mediation session, used as a reference point for structuring parenting time and contact schedules. The mediator walks both parties through the language and content of these guidelines as part of the mediation process.
This page is general information about mediation in Delaware, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Delaware's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Delaware. Virdix does not prepare or file Delaware divorce paperwork. It is not a substitute for an attorney licensed in Delaware.
More Delaware divorce guides
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