- Participation in the ethics mediation process is voluntary.
- Parties to an ethics mediation conference may withdraw from the
process at any point prior to reaching an agreement. Should either
party choose to withdraw from the process prior to reaching an
agreement, the complainant is free to have their complaint considered
at a formal ethics hearing in accordance with the guidelines set forth
in the Code of Ethics and Arbitration Manual of the NATIONAL
ASSOCIATION OF REALTORS®.
- In the event that the respondent fails to abide by the terms of
the resolution, the complaining party may resubmit the original
complaint.
- Parties to the ethics mediation may be accompanied at the
conference by counsel. If it is your intent to have counsel present at
the mediation conference, the Mediation Officer or the Association
staff should be advised of this fact, in writing, at least ten (10)
days prior to the mediation conference.
- Parties to the ethics mediation may agree to a mutual resolution
of the matter at any time during the mediation conference. The
Mediation Officer and the parties have considerable latitude in
fashioning a mutually acceptable resolution. Resolutions can include,
but are not limited to, payment of disputed funds, repairs or
restoration of property, written or oral apology, or acknowledgement
of a violation of the Code of Ethics. In cases where a REALTOR®
acknowledges that the Code has been violated, that admission may be
sufficient to resolve the matter or, alternatively, the parties may
agree that discipline should be imposed. The discipline may, at the
agreement of all parties, include any of the forms of discipline
established in the Code of Ethics and Arbitration Manual and may also
include payment of monies to the complainant or to a third party.
Also, the parties may agree that the complainant will withdraw a
complaint or agree not to file a formal, written ethics complaint in
return for the respondent's action or acknowledgement. Again, any
discipline imposed must be agreed to by all of the parties.
If following a thorough discussion of all the pertinent facts, the
parties are still unable to resolve the matter, the Mediation Officer
may make a recommendation for the resolution of the complaint. The
recommendation for resolution can be oral or in writing and may be
provided to both parties at the conclusion of the mediation
conference. The parties can agree to the Mediation Officer’s proposed
resolution at the time it is presented to them. If neither of the
parties desire to give additional consideration to the Mediation
Officer’s resolution, both parties will be given a specified period of
time, not to exceed forty-eight (48) hours, to consider the resolution
and to advise the Mediation Officer of their acceptance or rejection
of the recommended resolution. Failure to respond to the recommended
resolution within the specified time period will be deemed as a
rejection of the suggested resolution. If either of the parties reject
the proposed resolution, the mediation conference will be deemed
concluded and the complaint will be considered at a formal ethics
hearing.
- If the parties to the ethics mediation conference are unable to
resolve the matter, any offers of settlement that were not accepted or
any suggested resolution proposed by the Mediation Officer that was
not accepted will not be introduced as evidence nor considered in any
manner should the matter require an ethics hearing.
- The Mediation Officer cannot refer concerns regarding the conduct
of any party to mediation to
the Grievance Committee, to the state real estate licensing authority
or to any other regulatory body.
This prohibition is intended to ensure impartiality and avoid the
possible appearance of bias.
|
