Agreement to Mediate

The undersigned members of the Knoxville Area Association of REALTORS® agree that they are involved in a dispute arising out of their relationship as REALTORS®.

The undersigned agrees to voluntarily submit this dispute to Mediation in accordance with the Mediation guidelines, as set forth in the Association’s Code of Ethics and Arbitration Manual of the

Any Agreement signed by the parties, pursuant to the Mediation Conference, shall be binding.

As a party to the Mediation process I understand and agree as follows:

Participation in Mediation Procedures is voluntary. Parties to Mediation may withdraw from the

process at any point prior to reaching an agreement. Parties to Mediation that do not reach an

agreement shall be free to pursue Arbitration of the dispute in accordance with the guidelines

set forth in the Code of Ethics and Arbitration Manual of the Knoxville Area Association of

REALTORS®. Parties to Mediation may be accompanied by and represented at the Mediation

Conference by legal counsel.

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 Association's Professional Standards Committee. However, if the parties agree to a settlement of the dispute, and the settlement is reduced to writing and has been signed by all of the parties, the matter shall be considered resolved, and shall not be the subject of a subsequent Arbitration Hearing. In the event that either of the parties fails to abide by the terms of the settlement, the matter may not be Arbitrated; instead, the other party should have the Settlement Agreement Judicially Enforced by a court of competent jurisdiction.

No aspect of this Mediation Conference shall be relied upon or introduced as evidence in any Arbitration, judicial, or other proceeding, including, but not limited to: views expressed or suggestions made by a party with respect to a possible settlement of the dispute; admissions made in the course of the mediation; proposals made or views expressed by the Mediator or the response of any party thereto. No privilege shall be affected by disclosures made in the course of mediation. Disclosure of any records, reports, or other documents received or prepared by the Association or Mediation Officer shall not be compelled. Neither the Association or the Mediation Officer shall be compelled to disclose or to testify in any proceeding as to information disclosed or representations made in the course of the Mediation or communication to the Mediator in confidence. Neither the Mediation Officer, the Knoxville Area Association nor Tennessee Association nor the National Association of REALTORS® shall be deemed "necessary parties" in any judicial proceedings relating to Mediation under this Agreement.

Are the circumstances giving rise to this Request for Mediation the subject of civil or criminal litigation or in any proceeding before the state real estate licensing authority or any other state or federal regulatory or administrative agency? ______Yes ______ No

By my signature on this Agreement to Mediate, I acknowledge my rights and agree to the terms of the mediation procedures as stated above. I hereby affirm that I have the authority to enter into and sign a binding written agreement to settle this dispute.

Type/Print Name of Claimants ________________________________________________________

Signature of Claimant ______________________________________________________________

Date _______________________________

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Type/Print Name of Claimants ________________________________________________________

Signature of Claimant ______________________________________________________________

Date _______________________________

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Address

Type/Print Name of Respondent ________________________________________________________

Signature of Respondent ______________________________________________________________

Date _______________________________

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Address

Type/Print Name of Respondent ________________________________________________________

Signature of Respondent ______________________________________________________________

Date _______________________________

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Address