Knoxville
609 Weisgarber Road , Knoxville , Tennessee 37919
Mediation Procedure
Mediation is a procedure
offered by the Knoxville Area Association of REALTORS® to bring disputing
parties together in an informal setting to resolve their differences.
A Mediation Officer of the Association will conduct mediation procedures.
Only to the degree that all
parties to the Mediation can be confident of an impartial determination will
Mediation Procedures be successful.
Mediation Is Not Mandatory
All parties must understand
that participation in Mediation Procedures is entirely voluntary. The parties
should be offered the opportunity and encouraged to participate in the
mediation process in good faith, and, further, encouraged to abide by the
determination. The parties to mediation should be aware that they may withdraw
from the process at any point prior to reaching an agreement. 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 has been reduced to writing
and has been signed by all of the parties, the matter is deemed resolved and
cannot be the subject of a subsequent arbitration hearing. In the event either
of the parties later fails to abide by the terms of the settlement, the matter
may not be arbitrated; instead, the other party should be encouraged to have
the settlement agreement judicially enforced by a court of competent
jurisdiction.
Although Mediation is not binding upon the parties, the need for due process
remains. Generally, there will be no need for the parties to be represented by
legal counsel nor for the Association to have legal counsel present at a
Mediation proceeding. However, since Mediation is an attempt to bring the
disputing parties together in an informal setting to resolve their differences,
every effort should be made to ensure that the parties are provided with
adequate prior notice (at least ten [10] days) and that the time and location
of the proceeding is mutually convenient to all involved. However, this
requirement shall not preclude parties to a dispute waiving such notice and
agreeing to mediate at any time agreed by all parties.
Initiating the Mediation
Proceedings
The Association’s Professional Standards Secretary, upon receipt of a Request
for Arbitration, will inquire of all parties whether they desire to participate
in Mediation prior to review of the Request for Arbitration by the Grievance
Committee. If the parties agree, the matter will be referred to the Mediation
Officer, who will arrange a mutually convenient time and location for
Mediation. If the Mediation attempt is unsuccessful, or if either of the
parties wishes to discontinue the Mediation Process for any reason, then
Mediation will be terminated and the Request for Arbitration will be referred
to the Grievance Committee for review. Where Mediation is offered prior to
review of a Request for Arbitration by the Grievance Committee, and one or more
of the parties declines or the Mediation attempt is unsuccessful, Mediation
must again be made available to the parties after the Grievance Committee
determines that an Arbitrable issue exists.
Conduct of Mediation Procedures
If, for any reason, any of
the parties or the Mediation Officer is unable to participate on the date
agreed, the procedure should be rescheduled to the earliest mutually acceptable
date. Mediation cannot be successfully conducted without all of the parties
present. Witnesses, if any, should be kept to a minimum.
Realizing that a dispute already exists between the parties, the Mediation
Officer will make every effort to encourage a conciliatory atmosphere while
ensuring a full discussion of all pertinent facts. The Claimant and Respondent
should be encouraged to appreciate each other's position in the matter and to
effect a solution that will eliminate the need for arbitration by the
Association's Professional Standards Committee. The parties can agree to a
mutual resolution of the matter at any time during the Mediation Procedure. 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. Any recommendation for
resolution can be oral or in writing and will be provided to both parties at
the conclusion of the Mediation Procedure. The parties can agree to the
Mediation Officer's proposed resolution at that time. If neither of the parties
desires to give additional consideration to the Mediation Officer's resolution,
both parties will be given a specified period of time, not to exceed thirty-six
(36) hours, to consider the resolution and to advise the Mediation Officer of
their acceptance or rejection of it. If either of the parties rejects the
proposed resolution, the mediation procedure will be deemed concluded and the
matter will proceed to arbitration. Any party who does not respond to the
Mediation Officer within seventy-two (72) hours will be deemed to have rejected
the suggested solution and Arbitration will proceed.
Mediation Procedures
(1) Arbitration request received by the Association
(2) The Professional Standards Secretary will inquire by telephone if the Claimant and Respondent wish to mediate the dispute prior to consideration by the Association's Grievance Committee.
(3)
Upon notice by
both the Claimant and Respondent of their agreement to Mediate, the
Professional
Standards Secretary will:
(a) send to both the Request for Mediation Agreement Form;
(b)
inform both of
the selection of a Mediation Officer;
(c)
set the time for
forms to be returned.
Upon receipt of all forms:
(4)
The Mediation
Officer will contact both the Claimant and Respondent directly to set a
mutually
acceptable time and location for the
Mediation Conference. And follow up with a letter confirming
the date,
time, and location of the Conference.
(5)
If the Mediation Conference successfully resolves the dispute:
The Mediation Officer shall
forward to the Professional Standards Secretary, the Original Mediation
Resolution Agreement signed by all parties to be kept in the Association’s
Professional Standards
files with all the pertinent records
pertaining to the Mediation case.
(6)
If the Mediation
Conference does not successfully resolve the dispute:
If the parties are unable to resolve their dispute, the Mediation Officer may
make the determination
that the parties have reached an impasse,
and may recommend an equitable solution. The
recommendation for resolution can be oral
or in writing, and may be provided to both parties within
thirty-six
(36) hours of the conclusion of the Mediation Conference.
Any party who does not respond to the Mediation Officer within seventy-two (72)
hours will be considered to have rejected the suggested solution.
The Mediation Officer will advise the Professional Standards Secretary that the
Mediation Conference has been terminated without resolution of the dispute.
The Mediation Officer will send the Termination of Mediation Conference form
to the Professional Standards Secretary.
(7)
The Professional
Standards Secretary will forward the original Request for Arbitration to the
Grievance Committee for review