All too often, disputes that could be settled via mediation become expensive legal matters.
If you’re in such a situation, you’re in luck: PSAR requires you to request mediation before you enter arbitration.
PSAR’s special mediation program operates in partnership with the North San Diego County Association of REALTORS® to help its members settle disputes as quickly as possible.
PSAR’s mediators are professional, highly trained, and experienced. Every mediator is a licensed real estate professional that understands all aspects of real estate disputes.
Most cases can be successfully mediated if all parties are willing to make a good faith effort to resolve the dispute. Mediation should be considered by all litigants and attorneys who have an interest in prompt, cost-efficient settlement.
All local associations must adhere to the policies and procedures set forth in the California Code of Ethics and Arbitration Manual provided by the California Association of REALTORS®. The Manual is drafted to be in compliance with the National Association of REALTORS® and California state law.
Visit the California Association of REALTORS® Professional Standards webpage (login needed).
For more information on Article 17
The Fine Print: Article 17
Article 17 of the National Association of Realtors Code of Ethics mandates that all PSAR members mediate arbitrable disputes first.
In the event of contractual disputes or specific non-contractual disputes as defined in Standard of Practice 17-4 between REALTORS® (principals) associated with different firms, arising out of their relationship as REALTORS®, the REALTORS® shall mediate the dispute if the Board requires its members to mediate. If the dispute is not resolved through mediation, or if mediation is not required, REALTORS® shall submit the dispute to arbitration in accordance with the policies of the Board rather than litigate the matter.
In the event clients of REALTORS® wish to mediate or arbitrate contractual disputes arising out of real estate transactions, REALTORS® shall mediate or arbitrate those disputes in accordance with the policies of the Board, provided the clients agree to be bound by any resulting agreement or award.
The obligation to participate in mediation and arbitration contemplated by this Article includes the obligation of REALTORS® (principals) to cause their firms to mediate and arbitrate and be bound by any resulting agreement or award. (Amended 1/12)
Standard of Practice 17-1
The filing of litigation and refusal to withdraw from it by REALTORS® in an arbitrable matter constitutes a refusal to arbitrate. (Adopted 2/86)
Standard of Practice 17-2
Article 17 does not require REALTORS® to mediate in those circumstances when all parties to the dispute advise the Board in writing that they choose not to mediate through the Board’s facilities. The fact that all parties decline to participate in mediation does not relieve REALTORS® of the duty to arbitrate.
Article 17 does not require REALTORS® to arbitrate in those circumstances when all parties to the dispute advise the Board in writing that they choose not to arbitrate before the Board. (Amended 1/2012)