Mediation

MORe offers you a better way to resolve your dispute.  Even REALTORS^® who are committed to high standards of conduct occasionally have honest business disputes with other professionals, clients, or customers.  There is an ongoing need for efficient and economical mechanisms to resolve such disputes.  Arbitration is valuable, but mediation is simpler and easier.

WHY USE MEDIATION?

Mediation Low or no cost Little delay Win/win outcome Collaborative Maximum range of solutions Improves/maintains relationships Parties make final decision

Arbitration Moderate cost Moderate delay Win/lose Adversarial Result limited to monetary award May damage relationships Panel makes final decision

 

KEY FEATURES

Voluntary/Private Process

• Parties decide to enter the mediation process.
• Parties can leave the mediation process at any time.
• Parties have complete control over the outcome.

Neutral/Impartial Mediator

• Understands issues quickly because typically, the facilitator is familiar with real estate practices and customs.
• Mediates only matters in which he/she remains neutral and impartial.
• Discloses conflicts of interest (parties may agree to continue following disclosure or terminate session).
• Facilitates and assists with negotiation – controls the process, not the substance.
• Honors the concepts of self-determination, respect and civility.
• Enhances the parties’ abilities to understand their own and each other’s needs.
• Helps parties understand the alternatives to settling.

CONFIDENTIAL PROCESS

• Mediation is a confidential settlement process.
• Neither the mediator nor the parties disclose the communications or conduct of the mediation, unless all parties agree (with limited exceptions, such as risk of harm).
• Ethical violations discovered as a result of participation in the mediation are not reported.
• Settlements discussed in the mediation are not reported.
• A mediator cannot be a witness in arbitration or court (cannot be subpoenaed).
• Information gathered and exchanged may be used in arbitration only to the extent that it was obtained independently from the mediation process.

The Process – Find out more information about filing your mediation request. 

• Mediation Option #2
• Filing for Mediation
• No Losers in Mediation Article

Forms – Ready to file for mediation?  You will need to download the forms below:

• Request for Mediation
• Agreement to Mediate

Mediators – Who are your MORe Mediators? Meet them here!