Filing for Arbitration

After reading MORe's mediation procedures, you may choose to file for mediation and arbitration rather than arbitration alone.

Make sure that you are filing within the proper time constraints - one hundred eighty (180) days from closing, or from when you realized you would not be paid, whichever comes later.

Read and understand the General Instructions for Filing and Replying to Complaints.

Review frequently asked questions. If you have any further questions, please contact the Association's Professional Standards department at (630) 324-8400. Please note: the Professional Standards department can not tell you that you are/are not procuring cause. The Professional Standards department is here to administer and secure your due process during the arbitration process.

Review the "Request and Agreement to Arbitrate" form. Note that Section 3 stipulates that you enter in the names of the parties you are filing arbitration against. Enter in the amount of commission you believe is due to you and who is holding the commission in dispute (or if it was paid). Note that by signing the request form, you are agreeing to be bound by the arbitration award and will comply with it promptly. Understand that you may have legal counsel present and that you must notify the Association of their presence fifteen (15) days prior to a hearing. Understand that you may have witnesses present at a hearing to testify on your behalf, notification is also fifteen (15) days prior to a hearing. You will also note that in Section 7 it states, 'The following REALTOR^® non-principal (or REALTOR^® associate non-principal) affiliated with my firm has a financial interest in the outcome of the proceeding and has the right to be present throughout the entire hearing.' Under this statement you will put the agent's name (if any) that is involved in the arbitration. You, as the broker of the office, are considered the REALTOR^® principal. This is due to the fact that you can make decisions based upon commissions coming in and out of the office. Read the remainder of the form and complete with your signature (agents do not need to sign the form).

A section of the Code of Ethics and Arbitration Manual set forth by the National Association of REALTORS^® is provided for you on Procuring Cause. Please review this information and become familiar with it, as your arbitration Hearing Panel will be basing your award on this information.

Attach the request form to your statement (labeled Exhibit 1) and any additional information you may have. Arbitration Hearing Panels are to look at the preponderance of evidence. To this end, you will want to include as much information that you feel necessary.

Send twenty (20) copies of mediation forms (if applicable), arbitration request, statement and supporting documentation, and a $250.00 filing fee check to the Association's Professional Standards department located at 6655 South Main Street, Downers Grove, IL 60516.