Delaware Code § 6-7721

Effect of commencing litigation
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Other than a proceeding to require ADR under § 7719 of this title, this chapter and the procedures provided for herein shall cease to
have any force or effect upon the commencement of litigation concerning the dispute that is the subject of the ADR proceedings. The
parties to any such litigation shall be exclusively subject to the rules of the tribunal in which such litigation has been commenced and
nothing in this chapter shall be construed to infringe upon or otherwise affect the jurisdiction of the courts over such disputes.

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