Resolving Commission Disputes
The Toledo Board of REALTORS® offers members and their clients two options – Arbitration and Mediation, to settle commission disputes. As a voluntary alternative, mediation is strongly encouraged, but not mandatory.
Mediation is a form of facilitated negotiation, conducted in a more informal setting, by which a trained and experienced third party helps the disputing partings reach a mutually acceptable resolution.
An Arbitration Hearing is conducted in a formal setting, by which a panel of REALTOR® members renders a decision based on the testimony given by both the Complainant and Respondent.
Mediation vs. Arbitration
Why Mediation Works:
- Most disputes are successfully resolved
- Maintains/improves relationships
- Clarifies misunderstandings because parties come together and talk
- Discovers/addresses the true interests
- Solution is just as binding and enforceable as arbitration
If an agreement is reached through mediation, both parties will be asked to sign a written agreement and $200 of each party’s $250 filing fee will be refunded. Failure to reach an agreement through mediation will not be considered by the hearing panel during a subsequent arbitration hearing.
Filing a Request for Mediation:
Filing a Request for Arbitration:
Complete the Request and Agreement to Arbitrate Form A-1 (TBR Members) or Request an Agreement to Arbitrate Form A-2 (Non-Members). This form should be accompanied by a supporting typewritten narrative or chronological summary of the events that occurred, as well as a deposit of $250.00 and submitted to Megan Meyer Foos at the Toledo Board of REALTORS®.