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Mediation of REALTOR® Disputes
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All REALTOR®
associations are required by the NATIONAL ASSOCIATION OF REALTORS®
to provide mediation services to members and their clients so the
dispute resolution requirements of
Article 17 of the Code of Ethics can be met. Although no party to an arbitrable matter can be required to submit to mediation, and mediation cannot and is not intended to be a substitute for the arbitration procedures of the association, mediation can be an extremely useful tool in resolving conflicts that arise involving REALTORS®. Mediation can promote amicable resolutions and reduce the need for a more formal and complex arbitration procedure. The Arizona Association of REALTORS® has adopted the policy of offering mediation after the association's Grievance Committee has determined that the dispute is appropriate for arbitration. If the Grievance Committee forwards an arbitration request for a hearing, AAR staff will be in contact with the parties involved to advise that mediation procedures are available. If the parties to the dispute are all willing to participate in mediation, a mediator will be selected and a time and place for the mediation will be determined. The mediator will encourage the parties to learn about each other's positions and to work toward a mutually agreed-upon resolution. Any resolution that is reached will be put into writing and, once signed by all parties, becomes final and enforceable. If no resolution is reached at the mediation, the dispute will move on to a formal arbitration hearing. |
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