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Understanding How to Come out on Top

In January 2001, the National Association of REALTORS® began requiring local boards to offer mediation services to their members. Ohio REALTORS® now offers mediation assistance to its members statewide. Many members have taken advantage of this quick and cost-effective dispute-resolution method. The choice is yours. Let’s compare the two:

Mediation:

  • Is a facilitated negotiation process
  • Is an informal amicable resolution
  • Allows the parties to clear the air and resolve misunderstandings
  • Provides assistance from the Mediator to move forward
  • Give both parties full control over the final resolution
  • Is conducted by an experienced Mediation Officer who makes no decisions effecting the parties
  • Resolution is not mandatory; parties can still go to Arbitration
  • Is a win-win situation

Arbitration:

  • Is not a negotiation process; it is a structured hearing
  • Is a formal procedure decided by a hearing panel
  • Allows the structured presentation of evidence, testimony and witnesses
  • Gives the Panel full authority to decide the outcome
  • Gives full control to the Hearing Panel
  • Is conducted by a panel of experienced REALTORS® who make the final decision and the award
  • Hearing Panel decision is final
  • Is a win-lose situation

Conclusion

In order for Mediation to work, each party comes to the table with an attitude of compromise and cooperation. They have a chance to air their feelings, look at the other side of the situation and many times, clear up misunderstandings. Sometimes it becomes apparent that a third party, who is NOT a participant in the Mediation, is the reason behind the current conflict.

These same facts may also become evident once a dispute has moved to Arbitration, but the parties no longer have control over the outcome.

Ohio REALTORS® staff has attended specialized training, is very experienced, and can answer any question you might have.

Why not give Mediation a try?

Click here to submit an arbitration request. Be sure to answer 'yes' on the form if you are willing to mediate the dispute.

Staff contact: Sharon Sample at