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MEDIATION OF A BUSINESS DISPUTE

  • Mediation of a business dispute is an alternative dispute resolution process (ADR) offered by Arizona Association of REALTORS® (AAR).
  • A REALTOR® must be a party to the business dispute.
  • A mediation conference will be arranged when all parties agree to participate – mediation is voluntary.
  • There is no fee associated with mediation, unlike arbitration.
  • A trained REALTOR® mediator will work with the parties to resolve the dispute and arrive at a mutually agreed upon settlement.
  • The parties to the dispute decide the settlement rather than a hearing panel decision for them.
  • Mediation = win-win, whereas a Hearing Panel = one winner, one loser.
  • If the parties to the dispute cannot agree on a settlement they may terminate the mediation.
  • Mediation is a confidential process.
  • Mediation moves faster than a formal arbitration process

SUBMISSION OF A REQUEST FOR MEDIATION

  • Have the Designated Broker [REALTOR® Principal] sign and approve the request for mediation.
  • Include a written narrative describing the circumstances. Supporting documents are optional.
  • Once AAR receives the completed Request for Mediation, AAR will contact the opposing party to offer mediation and describe the process.
  • If all parties agree in writing, AAR will arrange a mutually agreeable conference date.
  • In the event a resolution is not successful, the Complainant can file a formal arbitration request or can continue with a previously filed request.