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mediationinfo

 

Mediation Information


Definition:
Mediation is a process in which a neutral third person, called a mediator, acts to encourage and to assist in the resolution of a dispute between two or more parties. This is an informal, voluntary and non-adversarial process. The objective is to help the disputing parties reach a mutually acceptable agreement between or among themselves on all or any part of the issues in dispute. Decision making authority rests with the parties, not the mediator. Parties and their representatives are required to mediate in good faith but are not compelled to reach an agreement. The mediator’s role is to assist the parties in identifying issues, fostering joint problem-solving, and exploring settlement alternatives. For commission disputes, the principal broker or his designee (who has the authority to act on behalf of the principal broker) constitute the parties.

Filing Deadlines:
Please note that the filing deadline for both mediation and arbitration is one hundred eighty (180) days after the closing of the transaction, if any, or within one hundred eighty (180) days after the facts constituting the arbitrable matter could have been known in the exercise of reasonable diligence, whichever is later. If mediation is requested absent a request for arbitration, the time limits for requesting arbitration remain unchanged. Parties may want to consider filing an arbitration request instead which will require that the matter be mediated prior to an arbitration hearing.

Initiating the Mediation:
Simply complete the Petition for Mediation form either online or print the form and fax, mail, or email it to the MIBOR Professional Services Department, 1912 N. Meridian St., Indianapolis, IN, 46202 (fax to (317) 956-5244 or email to professionalservices@mibor.com). Upon receipt, staff will transmit the Petition for Mediation to the party named along with the Notification of a Petition for Mediation informing the Respondent that a request has been filed. The request will be reviewed by the Grievance Committee to determine arbitrability. The Mediator selection process then begins.

Selection of a Mediator:
MIBOR staff will select names from our list of trained mediators. The Selection of a Mediator form will be transmitted to both parties to accept or challenge each listed. If none of the names are acceptable to the parties, more names will be added and the process begins again. If no names from the approved mediator list are acceptable, MIBOR will contact the Indiana Association of REALTORS® (according to the cooperative enforcement agreement) to utilize their mediators to fulfill the mediation requirement. MIBOR reserves the right to strike or remove a mediator from the selection process.

Scheduling the Mediation Session:
Once a mediator is selected, the mediator or staff will contact both parties and schedule the mediation session. Mediations will be held at the offices of the MIBOR REALTORÒ Association, unless all parties agree to another location. In any event, the location must be a private, neutral setting. It is not necessary for the parties involved to submit any documentation prior to the mediation. However, at their option or upon the request of the mediator, they may submit a confidential statement of case to the mediator.

Successful Mediation:
If a mediation is successful, the parties will execute a Mediation Resolution Agreement which will detail the terms of the resolution. This agreement then becomes enforceable in a court of law. If an arbitration has been filed, this agreement will be sufficient in order to cancel the arbitration and refund the $100 arbitration deposit.

Unsuccessful Mediation:
Because mediation is a voluntary procedure, a resolution may or may not be reached in the mediation session. If no agreement is reached and the parties should arbitrate the dispute, the mediation is not admissible as evidence in a hearing. The parties are then able to request arbitration and pay the $100 arbitration fee. This fee is refundable if paid by the successful party or if the parties reach a settlement prior to the conclusion of the hearing.

Record-keeping:
Once a mediation is completed, no records will be kept other than the Mediation Resolution Agreement, if a settlement is reached.