No Losers in Mediation

Mediation Offers an Alternative Approach to Arbitration

Mediation services are used exclusively to settle commission disputes between REALTORS®.

Simply put, mediation is a structured negotiation facilitated by a neutral third person called a mediation officer. The mediation officer assists the parties in a dispute to arrive at a mutually agreeable settlement.

The mediation officer clarifies issues while remaining dispassionate and focused. He or she guides the discussions between the parties. And, by providing a forum in which the parties can tell their sides of the story in a nonconfrontational way, the mediation officer helps find common ground on which to resolve the dispute.

How is Mediation Different from Arbitration?
What are the Advantages of Mediation Over Arbitration and Litigation?
Can the Mediation Officer Decide to Resolve the Dispute?
How Does One Become a Mediation Officer?
How is a Mediation Officer Chosen?
How is Mediation Initiated?
How is Mediation Conducted?
Does a REALTOR® Need to be Represented by an Attorney in a Mediation?
Will a REALTOR® Need to Have Witnesses or Evidence Prepared for a Mediation?
If a settlement of the dispute is reached through mediation, what form should the settlement take?
Can a REALTOR® Withdraw from the Mediation Process Without Penalty?
What Happens if One of the Parties Does Not Abide by the Terms of Agreement?
If I Participate in a Mediation, Can Any Information I Reveal During the Mediation be Used by the Other Side in a Later Proceeding?

The FAQs above were first published in the September/October 2001 issue of Real Estate Business, provides practical information on mediation. It is reproduced with the permission of the Counsel of Residential Specialists and the Council of Real Estate Brokerage Managers, which jointly publish Real Estate Business.