Arbitration

An ‘Arbitration Request’, is centered around monetary disputes. In this method, the association (a specially trained panel of peers) will arbitrate the issue and determine if monetary compensation should be granted. We require a $250 deposit to initiate an arbitration request, which would be returned to you IF you win the case. If you lose, we keep the deposit. All REALTORS® are mandated to participate in confirmed arbitration requests, and refusal to do so can result in their expulsion from membership.

 

‘Mediation’ is considered an optional step to take prior to arbitration. This is a free service, but it is voluntary. However, we’ve found that when approached by the Board to mediate an issue, the member tends to quickly settle in order to avoid any further issues - such as an arbitration request. There is no guarantee, and again, the REALTOR® can refuse to participate. However, there is no cost to initiating it, and after a refusal or failure of mediation, you can choose to follow it up with an arbitration request and/or ethics complaint.

 

You can file both an Ethics Complaint and an Arbitration Request on the same issue, but we will hold off on processing the Ethics Complaint until the Arbitration process is completed. 

Mediation

Arbitration

Informal meeting (ideally it is between the broker/manager) of the two firms and one mediation officer

Formal hearing with witnesses, attorneys, three to five panel members, formal statements

Discussion between the parties

Formal swearing in, testimony

  • All parties agree to the decision
  • Win-win option
  • Relationship has opportunity to stay in tact
  • Give away the decision to the member of the panel
  • No win-win option
  • Win-Lose
  • Give away the decision to the member of the panel

If an agreement can NOT be reached between the parties the issue will be sent to a hearing, however, no discussion at the mediation will be admissible at the formal hearing.

The panel decides who gets the money and there is no appeal-you get only one chance.

Leave knowing the results.

Must wait for the results to be mailed as certified mail.

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