FILING AN ARBITRATION REQUEST

Who can file an Arbitration Request ?

· A Designated REALTOR® ( Principal Broker ) against another Designated REALTOR®

( Principal Broker )

- If there is a Successful Real Estate Transaction

- If there is a Contractual Dispute

- If there is a "non-contractual" dispute, Standard of Practice 17-4 applies

· A Client ( Seller or Buyer ) against a Designated REALTOR® and a REALTOR® Sales Associate

· A Customer against a Designated REALTOR® and a REALTOR® Sales Associate

[ This is a Voluntary Arbitration Condition, the REALTOR® Broker does not have to Arbitrate ]

A REALTOR® Sales Associate against the Designated REALTOR® of the Firm ( "In-House" )

[ This is a Voluntary Arbitration Condition, the Designated REALTOR® does not have to Arbitrate ]

Preparing an Arbitration Request

· Arbitration Requests must be filed on an Official Request Form, complete with all required information

· The Claimant must be a Designated REALTOR®

· The Respondent must be a Designated REALTOR®

· The matter must relate to a real estate transaction

· A specific dollar amount must be requested

· The correct facts must be stated ( leave out "emotion" )

· Attach a detailed explanation of the request in date order sequence

· Collect and arrange evidence to support the request

· Attach all the exhibits to be viewed by the Respondent

· Additional exhibits may be presented to the Panel at the Arbitration

· Arrange everything in logical order

Preparing a Response to an Arbitration Request
· A Response to an Arbitration Request must be filed on an Official Response Form,
complete with all required information

· Keep the response to the facts alleged in the Request for Arbitration ( leave out "emotion" )

· Follow the Claimant's lead

· Attach a detailed explanation of the response to the Claimant's request in date order sequence

· Collect and arrange evidence to support the response

· Attach all the exhibits to be viewed by the Claimant

· Additional exhibits and evidence may be presented to Panel at the Arbitration

· Arrange everything in logical order

Review of the Arbitration Request by the Association

· The Professional Standards Secretary will review the Arbitration Request to determine if

- the Request is complete

- the correct parties are named

- both the Claimant and Respondent are Designated REALTORS®

- the time limit has expired ( 180 Day Rule )

- the format is proper

- there was a successful closed transaction"

- a specific amount has been requested

- the request should be forwarded to the Respondent for a reply

- litigation or TREC action is pending related to the same transaction ( no arbitration will be

provided while litigation is pending )

· The Professional Standards Secretary will forward the Arbitration Request to the Grievance Committee upon receipt of the Respondent's Reply and forward a copy of the Respondent's Reply

to the Claimant

Review of the Arbitration Request by the Grievance Committee

· The Grievance Chairman will review the Request to determine

- which Committee Members should not participate because of Conflicts of Interests;

- if a Committee Member should be designated to contact the Claimant if procedural assistance

is needed;

- if all the necessary and correct parties are named

· The Grievance Committee will review the Request to determine if the facts stated

- relate to the a real estate transaction

- indicate an agency relationship

- indicate a legitimate dispute

- indicate an arbitrable issue

- indicate a basis on which the award of the requested amount could be based

- indicate the matter is too legally complex for the Association to arbitrate

- indicate the amount request is too little or too much

- warrant an Arbitration Hearing

- warrant dismissal

- indicate the matter is too legally complex for the Association to arbitrate

· The Professional Standards Secretary will forward the actions of the Grievance Committee to the parties involved

609 Weisgarber Road, Knoxville, Tennessee 37919

Professional Standards Procedures

The Arbitration Hearing Process

The Pre-Hearing

· The Professional Standards Secretary and the Association Executive Vice President make the

pre-hearing preparation and

- select the hearing panel

- arrange a Hearing Date and Time with the Hearing Panel Chairman

- give proper Notices to all parties involved

- prepare copies of documents for all parties involved

The Hearing

· The Association Executive Vice President will

- make the proper room arrangements

- operate the recording equipment

- be present to ensure the procedural conduct of the Hearing

- make certain the Chairman and Panel are prepared

· The Hearing Panel and Chairman will meet immediately prior to the Hearing to

- review the Professional Standards Rules and Procedures

- sign the "Qualification Form"

- assure that there are no potential conflicts that would prevent an "impartial panel"

- review the documents and materials provided

· The Parties are responsible to

- be on time

- be prepared

- know the process and procedures

- review all documents

- bring prepared witnesses

- bring counsel of choice

- show respect for the Hearing Panel

- be responsible for your conduct and the conduct of your counsel and witnesses

- bring any additional evidence and exhibits

- know the elements of your case

- read the applicable Articles and Standards of Practice

- plan question in advance with a particular objective in mind

- be formal, precise and respectful

· The Association is responsible for Due Process in all Professional Standards Hearings and must

ensure that:

- the proper procedure are followed as per the Code of Ethics and Arbitration Manual

- proper notification has been given to all Parties

- all Parties know the nature of the matter to be heard

- Respondents have been provided an opportunity to prepare a defense

- all Parties have been informed of their right to call witnesses

- all Parties have been given an opportunity to have witnesses

- all Parties have the opportunity to present evidence

- all Parties have the opportunity to cross examine the other Parties' witnesses

- all Parties have been informed of their right to have counsel ( Legal or a fellow REALTOR® )

- all Parties have been provided an impartial Hearing Panel

- the proceedings are electronically recorded

· The Panel Chairman will

- call the Hearing to Order and Read the Official Opening Statement

- allow each party to present his case

- be the keeper of the exhibits

- rule on the admissibility of evidence

· The Claimant will

- state his case

- call his witnesses

- present his evidence and exhibits

- be cross examined by the Respondent and Hearing Panel

- be provided an opportunity to make a closing statement

· The Respondent will

- state his case

- call his witnesses

- present his evidence and exhibits

- be cross examined by the Respondent and Hearing Panel

- be provided an opportunity to make a closing statement

· The Hearing Panel will, after hearing the presentations of both the Claimant and Respondent,

- adjourn to an executive session to reach their decision using "preponderance of the

evidence" as the standard of proof

· The Association will

- give notice of the hearing Panel's decision to all parties

- provide for an appeal of the decision

- forward requests appeals to the Board of Directors

- assist the Board of Directors in conducting appeals

- give final notice to all parties

- assist the award recipient in collecting his award by Judicial Enforcement

Mediation

Mediation of disputes is also offered by the Association to settle disputes prior to the Arbitration process.

Mediation is a voluntary procedure.

Mediation is facilitated by an trained Mediator.

The Mediator would try to get the parties to settle their dispute informally by agreeing to a resolution.

A resolution would be a written agreement to settle.