Mediation

1. A voluntary process in which disputing parties meet with a mediator appointed by the Association to create a mutually acceptable resolution of the dispute, rather than having a decision imposed by an arbitration hearing panel.

2. Mediation can occur before or after the Grievance Committee reviews requests for arbitration, depending on local association policy.

3. If a dispute is resolved in mediation, the parties sign an agreement spelling out the terms of the settlement, and no arbitration hearing is held.

Arbitration

This is the process by which the parties to a dispute submit their differences to the judgment of an impartial person or group appointed by mutual consent.

Arbitration is voluntary in instances where a dispute involves a REALTORS®(principal) and a REALTORS®(nonprincipal) who are or were members of the same firm at the time the dispute arose; between REALTORS® (principals) and nonmember brokers; and between REALTORS®(principals) and their customers.

Not all disagreements or disputes (particularly those between principal brokers in different firms) must be arbitrated. Arbitration of disputes, including those that fall under the "mandatory" category is required only when a party with standing invokes the arbitration process and it is determined by the Grievance Committee that an arbitrable dispute exists and that arbitration of the dispute is mandatory.

For example, if two REALTORS® who are principal brokers in two different firms have a dispute, either may request arbitration. However if neither REALTOR® requests arbitration, a board/association cannot inject itself into their dispute and compel arbitration. If one of the REALTORS® pursues another remedy, e.g. litigation, and the other REALTOR® does not request arbitration, the REALTOR® who filed litigation is not in violation of the Code of Ethics. If, on the other hand, the second REALTOR® does request arbitration and the matter is found to be subject to mandatory arbitration by the Grievance Committee, the REALTOR® who brought the litigation must then terminate the lawsuit and submit to arbitration.

Please contact the Fort Collins Board of REALTORS® office to obtain a Request for Arbitration form.