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Key Takeaways

• Delaware eviction cases are handled through the Justice of the Peace Court using a structured diversion process.
• Mediation is scheduled between filing and trial unless a statutory exception applies.
• Participation deadlines ensure cases move forward even if one party does not engage.
• Online Dispute Resolution and mediation conferences offer early settlement opportunities.
• Diversion supports early resolution without delaying the court’s formal hearing process.

Marla Eskin is a Delaware attorney whose legal background intersects closely with the early handling of eviction cases in the Justice of the Peace Court. She has practiced with the Wilmington law firm Campbell & Levine since 2002 and focuses her work on commercial bankruptcy, bankruptcy litigation, and related business disputes.

In addition to her firm practice, Marla Eskin volunteers as a mediator for landlord and tenant matters in the Justice of the Peace Court, where she works directly with the procedures that govern summary possession cases. Her experience includes assisting parties as they navigate structured timelines, participation requirements, and written agreements designed to encourage early resolution.

She is a graduate of Temple University, where she earned both her undergraduate degree and her law degree. Her professional activities and court-based mediation experience provide practical context for understanding how Delaware’s eviction diversion framework operates before a formal hearing.

How Delaware’s Justice of the Peace Court Handles Evictions Early

In Delaware, residential eviction filings, known as summary possession cases, are processed through the Justice of the Peace Court. The court’s Residential Eviction Diversion Program gives both sides a chance to work toward resolution before a formal eviction hearing. The program can use online messaging and a mediation conference when parties participate.

The court’s mission emphasizes accessible and efficient administration of justice. Under Delaware Code section 5702A, once a landlord files an action for possession, mediation is scheduled between filing and trial unless a statutory exception applies. Mediation must be completed at least 48 hours before trial. If the tenant fails to engage in mediation within 15 calendar days after service of process, trial can proceed, and nonparticipation cannot delay the scheduling or commencement of trial.

Not all eviction cases qualify for diversion. Section 5702A includes exclusions, including cases where a landlord alleges and, by substantial evidence, demonstrates a threat of substantial or irreparable harm to a person or property. The same statute allows the court to limit or modify services so that program costs and staffing stay within available resources.

When a landlord files a summary possession complaint, state law and program rules determine whether diversion applies. If diversion is required, the parties can use early resolution steps such as Online Dispute Resolution or a mediation conference. These tools give both sides a chance to discuss the complaint and potential terms.

If a case enters diversion, the program may include online messaging and, when requested and available, a mediation conference. Neutral, trained mediators help parties clarify issues and talk through options. When the parties reach agreement, they complete the program’s written agreement form and file it with the court.

The court’s Online Dispute Resolution platform allows parties to use online messaging. If both sides participate, this tool supports remote negotiation and can help the parties try to resolve issues before a hearing. If either party opts out or no agreement is reached, the case continues toward the scheduled hearing under the standard timeline.

Whether through online messaging or a mediation conference, the parties record any terms they reach using the court’s written agreement process. Those terms are filed with the court and can shape what happens next in the case. If no agreement is filed, or one party does not participate, the matter proceeds toward trial without the diversion step changing when the hearing is scheduled to begin.

Diversion does not replace the court’s hearing process. Instead, it adds an opportunity to settle disputes early within the same overall schedule. State law prevents diversion from delaying trial when a tenant does not engage, which keeps the case moving while still giving parties a chance to resolve issues outside the courtroom.

The program relies on several design features. Mediation is placed between filing and trial, participation deadlines are tied to service, and outcomes are documented in writing when parties reach terms. Together, those features create a predictable structure that supports early resolution while keeping the hearing path available.

Delaware’s diversion timelines and participation rules act as guardrails for how residential eviction cases move through the Justice of the Peace Court. They set the window for using court-supported negotiation tools while keeping the case anchored to a scheduled hearing when participation does not occur. That design shows how concrete procedural deadlines, not general policy language, often determine the path people actually follow through the court.

FAQs

What is a summary possession case in Delaware?

A summary possession case is the legal process used for residential eviction filings in the Justice of the Peace Court. It determines whether a landlord can recover possession of a rental property.

What is the Residential Eviction Diversion Program?

It is a court-supported process that gives landlords and tenants a chance to resolve disputes before a formal hearing. It may include online negotiation tools and mediation conferences.

Does diversion delay the eviction hearing?

No, state law prevents diversion from delaying trial if a tenant does not participate. The case continues on the normal timeline if no agreement is reached.

Are all eviction cases eligible for diversion?

No, cases involving alleged threats of substantial or irreparable harm may be excluded. The court may also limit diversion services based on available resources.

What happens if the parties reach an agreement?

The terms are written into a court-approved agreement and filed with the court. This agreement can determine the next steps in the case without proceeding to trial.

About Marla Eskin

Marla Eskin is an attorney with Campbell & Levine in Wilmington, Delaware, where she has practiced since 2002. Her legal work focuses on commercial bankruptcy, bankruptcy litigation, and related business matters. She has served as counsel to multiple Section 524(g) Asbestos Settlement Trusts and as a trustee for the Catholic Diocese of Wilmington, Inc. Qualified Settlement Fund.

In addition to her firm practice, she volunteers as a mediator for landlord and tenant cases in the Justice of the Peace Court. She is a member of several professional organizations, including the Delaware Bar Association and the American Bar Association.