If the Board or Association does not require REALTORS ® (principals) to mediate otherwise arbitrable matters, the parties should be offered the opportunity and encouraged to participate in the mediation process in good faith, and, further, encouraged to abide by the determination. (nar.realtor)
Mediation is Mandatory or Voluntary as Determined by the Board: It must be understood by all parties that participation in mediation procedures is entirely voluntary unless REALTORS ® (principals) are required by their Board to mediate otherwise arbitrable disputes pursuant to Article 17. (nar.realtor)
As the Illinois Supreme Court held in Board of Education of the City of Chicago v. Illinois Educational Labor Relations Board, 215 IL 118043: «A school district may refuse to arbitrate a grievance where: (1) there is no contractual agreement to arbitrate the substance of the dispute or (2) the dispute is not arbitrable under section 10 (b) of the Act because the subject matter of the dispute conflicts with Illinois law.» (spesia-taylor.com)