Mediation is the preferred dispute resolution of the National Association of REALTORS®. The Toledo Regional Association of REALTORS (TRAR) has trained members to provide mediation services to association members and their clients.
Mediation is a voluntary process in which disputing parties meet with a neutral third party (the mediator) to create a mutually acceptable resolution of a dispute. Mediators are impartial facilitators of resolution; they do not decide innocence or guilt, give legal advice nor impose a decision on either party.
Mediation is an alternative to adversarial, expensive and time consuming litigation. It is non-adversarial, confidential, informal and inexpensive. Mediation is now widely recognized as a forum of choice for the resolution of conflicts and misunderstandings; it is where the parties control the outcome of a dispute.
If the parties agree upon a resolution of the dispute, the agreement is usually written as a legally binding contract which the parties sign. Parties do not forfeit their legal rights to arbitrate or litigate the dispute if mediation is unsuccessful.
The types of mediation services offered by (TRAR) include the following:
Mediation Prior to Arbitration: By written agreement of both the complainant and the respondent to mediate prior to hearing of a filed arbitration, TRAR’s mediators are used to assist the parties in finding a resolution to the dispute. A successful mediation cancels the need for an arbitration hearing.
A signed resolution of the dispute ensures that the parties will receive their $250 arbitration filing fees back upon the final settlement.
Ethics mediation: Any party (member of the public, another REALTOR®, or a licensed real estate agent) may request ethics mediation with TRAR members by calling the Association and filling out the appropriate request form. Ethics mediation is an attempt to resolve a dispute before it becomes a written complaint and there is no charge for the service.
There is a charge of $250 per party.