(1) Advise parties of voluntary mediation option – a) when a party wishes to pursue a grievance against a REALTOR®, or b) upon receipt of an arbitration request or ethics complaint.

(2) Send mediation request form to complainant – When a party wishes to mediate a dispute with a REALTOR®, send to complainant:

a) Request for Mediation  form; and
b) Agreement to Mediate form.
In the email, set a time frame for completed and signed forms to be returned to the Association.

(3) Solicit response from Respondent - Upon receipt of completed forms from complainant, send to respondent:

a) Notice of Request for Mediation  form with attached copy of complainant’s completed Request for Mediation form;  and the
b) Agreement to Mediate form.  

In the email, set a time frame for completed and signed forms to be returned to the Board.

(4) Mediator selection - A Mediation Officer Selection form should be sent to both complainant and respondent. The form should be accompanied by a time frame for the completed and signed form to be returned to the Board.

(5) Assign mediator - Upon receipt of all completed forms, the Association may assign any Mediator not challenged to serve as the Mediation Officer. Send to both complainant and respondent the completed Notice of Selection of Mediation Officer form.

(6) Mediator contacts parties and sets meeting – After notice is sent, the Mediation Officer should contact the complainant and respondent directly to set an acceptable time and location for the mediation conference. Parties should receive at least ten days’ notice once the meeting is set, unless the parties waive such notice. The Mediation Officer should send to both complainant and Respondent a letter confirming date, time, and location of conference. An sample letter can be found here.

If any party is unable to attend, the meeting will be rescheduled for the earliest mutually acceptable date.

(7) During the Mediation– The Mediation Officer will encourage a conciliatory atmosphere, encouraging the parties to appreciate the other’s position. The goal is to find a mutually agreeable solution and eliminate the need for arbitration or litigation.

(8) After the Mediation  

1. If the mediation conference successfully resolves the dispute:

Mediation Officer should have the parties sign a Mediation Resolution Agreementand forward the signed, original Agreement to the Professional Standards Administrator, as well as a copy to the parties. The signed, original Agreement should be filed with all pertinent records pertaining to that case. The Agreement binds the parties.

2. If the mediation conference does not successfully resolve the dispute:

i) Last-ditch Effort - If the parties are unable to resolve their dispute, the Mediation Officer may recommend an equitable solution either orally or in writing. The recommendation may be provided to both parties at the conclusion of the mediation procedure and should provide a set time not to exceed 48 hours for the parties to respond. Any party who does not respond to the Mediation Officer within seventy-two (72) hours will be considered to have rejected the suggested solution.

ii) Termination - If the impasse remains after 72 hours, the Mediation Officer should advise the Professional Standards Administrator that the mediation conference has been terminated without resolution of the dispute by completing and sending the Termination of Mediation Conference form to the Administrator.

iii) Forward Arbitration – Following receipt of the Termination and if the parties or a party requests or had requested arbitration, the Request for Arbitration will be forwarded by the Professional Standards Administrator to the Association’s Grievance Committee for review.