Boards participating in these enforcement agreements will jointly appoint a sufficient number
of mediation officers to serve the geographic regions they cover.
After the parties have agreed to participate in the mediation process, the association sends them a form listing the
available mediation officers.
Selection of
Board Mediation Officer: Conducting successful mediation procedures requires tact, diplomacy, and a sense of equity.
Send to both complainant and respondent:
Mediation Officer form letter confirming date, time, and location of conference.
If Mediation Officers are members of the Professional Standards Committee, they shall not serve on an arbitration Hearing Panel in cases where they had initially attempted to resolve the dispute prior to an arbitration hearing, or on an ethics Hearing Panel in cases where an ethics complaint arises out of the same facts and circumstances giving rise to a matter they attempted to mediate.
In all cases, mediation by a
trained mediation officer of VITAR is required as a first step prior to pursuit of the arbitration.
Government managed mediation prior to arbitration: the parties would be required to appear before a
government mediation officer to attempt to resolve the grievance, forcing the parties to pay early attention to the merits of their case.
However, in large Boards, consideration can be given to appointing a standing panel of two, three, or
more Mediation Officers depending upon the number of requests for arbitration normally filed in the course of a year.
It is strongly recommended that any individual serving as a
Board Mediation Officer have extensive prior experience on the Board's Grievance Committee, Professional Standards Committee, and / or Board of Directors.
Search the Professional Standards Training and Mediation Resources Database to
find mediation officers and other resources on general professional standards education.
If Mediation Officers are members of the Grievance Committee, they shall not participate in the consideration of requests for arbitration or ethics complaints arising out of the same facts and circumstances giving rise to a matter they attempted to mediate.
The centre will hear High Court cases and be home to the Manchester District Registry and County Court; Manchester City Magistrates» Family Courts; the District Probate Registry;
the mediation officer; and the Regional and Area Offices.
It is recommended that
the Mediation Officer not serve concurrently as either an officer or director of the Board, or as a member of the Grievance Committee, or as a member of the Professional Standards Committee.
(5)
The Mediation Officer should contact the complainant and respondent directly to set an acceptable time and location for the mediation conference.
By having more than one
Mediation Officer, assignments can be made to utilize a particular individual whose experience, abilities, and relationship renders him / her most appropriate for the particular assignment.
If, following a thorough discussion of all the pertinent facts, the parties are still unable to resolve the matter,
the Mediation Officer may, at the Mediation Officer's discretion, then make a recommendation.
The Mediation Officer should be thoroughly conversant with the Board's arbitration procedures as well as with the real estate rules and regulations of the state.
(4) Upon receipt of all completed forms, the Board may assign any Mediator not challenged to serve as
the Mediation Officer.
If mediation is voluntary and the parties agree, the matter will be referred to
the Mediation Officer, who will mediation.
Careful consideration should be given by the Board President (or the Board of Directors of the Board) in selecting the Board's
Mediation Officer.
Many Boards will find that one
Mediation Officer will be sufficient.
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 arbitration by the Board's Professional Standards Committee.
A Board
Mediation Officer should be appointed for a term of at least one (1) year.
Local boards, as well as the state association, may have
a mediation officer or officers, appointed by the Board or Board President.
At that time, if mediation has not yet been attempted and both parties agree to mediate, the complaint and reply will be sent to
a mediation officer who will contact both parties and set a date for mediation.
The mediation officer remains neutral and must disclose any conflict of interest.
Next,
the mediation officer and the parties work together to identify the issues that need to be addressed.
The mediation officer can also offer an evaluation of the likely outcome of arbitration.
The assignment of
a mediation officer is made by the association from the names of mediation officers that are acceptable to all the parties.
The mediation officer may allow each party to meet privately with him to discuss information and options for resolution.
The mediation session begins with
the mediation officer giving an opening statement.
If, on the other hand, no agreement is reached, the parties sign a «no settlement form» and
the mediation officer explains the next steps to the parties.
Finally, the parties, with the help of
the mediation officer, explore alternative solutions to the dispute.
Similarly, any resolution suggested by
the mediation officer that is not accepted can not be introduced in a later arbitration.
The mediation officer clarifies issues while remaining dispassionate and focused.
The mediation officer may allow the parties to address questions to each other.
By providing a forum in which the parties can tell their sides of the story in a nonconfrontational way,
the mediation officer helps find common ground on which to resolve the dispute.
Mediation officers can be REALTORS ®, association staff or outside professional mediators.