General Instructions and Information on Mediation

  1. As an alternative to arbitration by the Professional Standards Committee, the Association has available mediation procedures to resolve a monetary dispute arising out of a real estate transaction.
  2. The mediation procedures are designed to reduce the time and expense of arbitration and to permit amicable resolution of disputes involving Association members.
  3. Mediation is voluntary and neither party may be compelled to participate.  Mediation will be available and scheduled only when each party to the dispute consents to the mediation by signing and returning to the Association the Agreement to Mediate form.  Mediation may be terminated by any party at any time and for any reason prior to the acceptance and signing by both parties of the Mediation Resolution Agreement.
  4. If either party withdraws from the mediation procedure at any point, any discussions, comments or determination reached through mediation will not be introduced as evidence nor considered in any manner nor shall the Association Mediation Officer be required to testify should the matter be arbitrated by the Professional Standards Committee.
  5. Upon receipt of the signed Agreements to Mediate, the Association shall select and notify an Association Mediation Officer that mediation of the dispute is requested.  The Association Mediation Officer shall designate a date, time and place for the hearing.  Each party will receive at least ten (10) days prior notice of the designated date, time and place.
  6. Mediation shall not occur unless both parties are in attendance.
  7. Either party my file with the Association a written request for disqualification of the assigned Association Mediation Officer.  The Association Mediation Officer shall be disqualified for any of the following reasons:

    1. Is related by blood or marriage to either of the parties;
    2. Is an employer, partner, employee or in any way associated in business with either of the parties;
    3. Is a party to the hearing, or a party or witness in any other pending case involving either of the parties;
    4. Knows of any reason that may prevent him or her from rendering an impartial judgment.
  8. Mediation is an informal, non-structured process.  It is suggested that witnesses, if any, be kept to a minimum.  A party may employ legal counsel if he or she believes it appropriate and necessary.  If counsel is retained, the party shall advise the Association within 15 days of the date designated for the hearing, and the Association shall notify the other party and the Association Mediation Officer.
  9. The parties can agree to a mutual resolution of the dispute at any time during the mediation procedure.