Mediation & Arbitration

FILE FOR MEDIATION?

Mediation is a voluntary process and can be initiated to resolve any type of dispute, involving any amount of money, and at any time. A mediation conference can only be scheduled for those parties that agree to mediation. If any party to the dispute does not agree to mediation, the parties are free to pursue other avenues for resolution.

WHAT IS MEDIATION?

Mediation is a dispute resolution process whereby a mediator works with you and the other parties to facilitate a mutually acceptable resolution of your dispute. In comparison to arbitration or other forms of litigation, mediation is usually less adversarial and less formal and the parties are more directly involved in the decision-making process to resolve their dispute.

TYPES OF DISPUTES

The purpose of mediation is to assist in resolving REALTOR® vs. REALTOR®, and Client vs. REALTOR® disputes. The Association reserves the right to refuse certain mediations.

MEDIATORS

The Monterey County Association of REALTORS® is privileged to have Paul Gullion, Attorney at Law and MCAR legal counsel to assist with this program.

FEES

The cost of Mediation is divided equally between the parties.

An initial fee of $1000 per party is required to start the process.
The fee covers administrative costs and the first hour of mediation.

Fees for each additional hour are:

Under $5,000 in dispute …………….…….. $ 1000.00 per party
$5000 – $25,000 in dispute ………………. $ 1500.00 per party
$25,000 and above in dispute ………….. $ 2000.00 per party

REQUEST FOR MEDIATION

To initiate a Mediation conference, complete the attached Request for Mediation form and return it to the Monterey County Association of REALTORS® with a check for $1000.00. The Association will notify the other party and should they agree to mediate, the Association will select a mediator and send a Notice of Mediation Conference and Mediation Agreement to both parties. The fee of $1000.00 will be returned should the other party decline.

ARBITRATION

When a monetary dispute arises between REALTOR® members and is brought before the association, arbitration is mandatory, but the parties may choose whether to try mediation first. In an arbitration hearing, the decision handed down by the Arbitration Panel is final and binding by law, as well as by the bylaws of the Association. The failure of a party to abide by the arbitration decision can be enforced by the court.