Mediation

CAR has adopted the National Association of REALTORS® mandatory mediation requirement, which requires all parties who file for mandatory arbitration to attempt to resolve their dispute through mediation first, prior to going through arbitration. Mediation is a complimentary member benefit compared to an arbitration request which has a $500 filing fee.

There are a plethora of advantages to choosing mediation over arbitration, where the panel of arbitrators’ decision is final and binding. Mediation brings the disputing parties together in an atmosphere conducive to dialogue and conciliation, encouraging them to work together to reach a mutually acceptable resolution; mediation can be a positive experience for those who participate as all parties are working together to create their own solution. Mediation is frequently a “win-win” situation for everyone and helps keep relationships intact. Since the start of our program, we have seen an over 90% success rate in resolving commission disputes through mediation!

HOW MEDIATION & ARBITRATION WORK

Mediation Request Form

Before you file a Mediation Request, please review the following:

This form is a request for mediation only; it is not an arbitration filing. A mediation only filing is a free member benefit offered by CAR; however, participation in a mediation only filing is voluntary for all parties. The parties are offered the opportunity and encouraged to participate in the mediation process in good faith, and, further, encouraged to abide by the determination.
If this matter is a commission dispute between two different brokerages (commonly a disagreement over the procuring cause of a transaction and subsequent cooperative commission), then any mediation request or arbitration filing must be filed Designated Managing Broker to Designated Managing Broker. An individual agent within an office cannot invoke mediation or arbitration against another brokerage or Designated Managing Broker of a separate firm for payment of a commission.
If an individual agent has an internal commission dispute with their own office over commissions owed to them, that individual agent may file a mediation request against their Designated Managing Broker. Remember that participation in a mediation conference is voluntary. An individual agent with a commission dispute involving their own office should consult their independent contractor agreement for further dispute resolution terms and options.
With a mediation only filing, if the mediation conference is not successful, or the other party declines to particpate, CAR will not automatically schedule an arbitration hearing. It is up to the parties to invoke arbitration, which involves the formal filing of an arbitration request as well as paying a $500 filing fee. Any filing deadline for arbitration shall be suspended during the mediation conference period, beginning with the date of the mediation filing and ending on the date the mediation conference is concluded, declined, or terminated. To file an arbitration request instead of a mediation request, click here.
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 Board’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 judicially enforced by a court of competent jurisdiction.

Click Get Started to begin your filing. You may save your progress at any time by clicking Save and Continue Later on any page. You will have 30 days to complete your submission once you begin.

Acknowledgement and Continue(Required)

I have read the above information and wish to file a mediation only request.

Mediation Request(Required)

Select the scenario that describes your mediation request.

If you are an individual agent with a commission dispute against another brokerage firm, you must contact your Designated Managing Broker to file a mediation or arbitration request. An individual agent cannot invoke mediation or arbitration against a different firm or Designated Managing Broker.

I am the Designated Managing Broker of my firm filing a mediation request against another Designated Managing Broker of a different firm.

I am an Individual Agent filing a mediation request against my current or former Designated Managing Broker.

I am a client filing a mediation request against the Designated Managing Broker of the firm I have a contractual relationship with.

I am the Designated Managing Broker of my firm filing a mediation request against a client my firm has a contractual relationship with.

Complainant Information

This is your information as the person filing the mediation request.

Your Name(Required)

First Last

Role in Firm(Required)

Other, Role:(Required)

Brokerage Firm(Required)

Brokerage Address(Required)

Street Address City State ZIP Code

Address(Required)

Street Address City State ZIP Code

Phone(Required)

Email(Required)

This email address will receive a confirmation of this request.
Please note that all communication pertaining to this mediation request will be sent to the email address you provide here. You are solely responsible for ensuring such emails are not blocked and/or that your spam filters are properly configured to receive emails from email domain @chicagorealtor.com

Enter Email Confirm Email

Respondent Information

This is the other party involved, the person(s) you are filing the mediation request against.

Reminder: Any mediation request or arbitration filing regarding a commission dispute between two different brokerages (commonly a disagreement over the procuring cause of a transaction and subsequent cooperative commission) must be filed Designated Managing Broker to Designated Managing Broker. An individual agent within an office cannot invoke mediation or arbitration against another brokerage or Designated Managing Broker of a separate firm for payment of a commission.

This is your current or former Designated Managing Broker and/or firm.

Reminder: Any mediation request or arbitration filing regarding a commission dispute between two different brokerages (commonly a disagreement over the procuring cause of a transaction and subsequent cooperative commission) must be filed Designated Managing Broker to Designated Managing Broker. An individual agent within an office cannot invoke mediation or arbitration against another brokerage or Designated Managing Broker of a separate firm for payment of a commission.

This is the other party involved, the person(s) you are filing the mediation request against. If this is against a brokerage firm, you should list the Designated Managing Broker.

Respondent Name(Required)

First Last

Respondent Brokerage Firm(Required)

Respondent Brokerage Address(Required)

Street Address City State ZIP Code

Respondent Address

If known

Street Address City State ZIP Code

Respondent Phone

If known

Respondent Email

If known

I am requesting mediation with the above-named disputant. There is due, unpaid, and owing to me (or I retain) from the above-named person the sum of:

Amount in Dispute(Required)

Enter full amount in dispute. Must be in the form of a dollar amount, not a percentage. Example: $5,850.00

The money due, unpaid, and owed to me (or I retain) is regarding the following subject transaction:

Subject Property Address

If applicable. If not applicable, leave blank.

Street Address, Including Unit Number City State ZIP Code

My claim is predicated upon the statement attached and incorporated into this request.

Statement Describing Dispute(Required)

Provide a narrative/statement describing the dispute. If you prefer to upload a separate file for your statement, write See attached. You will have an opportunity to upload documents on the next page.

Do you wish to upload any documents with your mediation request?(Required)

This is not required however if you did not provide a narrative statement on the previous page, please upload your statement here.

If you would like, you may upload any supporting documents with your request such as contracts, statements, emails, correspondance, etc… Please note any documents provided will be shared with the Respondent.

Yes

Upload Files

Drop files here or

Max. file size: 20 MB.

Agreement to Mediate

The undersigned agree that they are involved in a contractual dispute defined by Article 17 of the Code or in a specific noncontractual dispute as outlined in Standard of Practice 17-4.

The undersigned agree to submit this dispute to mediation in accordance with the mediation guidelines, as set forth in the Code of Ethics and Arbitration Manual of the Chicago Association of REALTORS®.

Agreement(Required)

I Agree

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

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 NATIONAL ASSOCIATION OF REALTORS®. The parties acknowledge that the mediator is not providing legal representation, legal advice, or legal services, and that the parties are advised of their right to be represented by counsel at the mediation and also of their right to obtain independent legal advice (if counsel are not at the mediation) before signing any final settlement agreement.

Agreement(Required)

I Agree

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 Board’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 be encouraged to have the settlement agreement judicially enforced by a court of competent jurisdiction.

Agreement(Required)

I Agree

No aspect of this mediation conference shall be relied upon or introduced as evidence in any ethics, 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 Board or Mediation Officer shall not be compelled. Neither the Board 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 Chicago Association of REALTORS®, Illinois REALTORS®, nor the NATIONAL ASSOCIATION OF REALTORS® or any of its Member Boards shall be deemed “necessary parties” in any judicial proceedings relating to mediation under this Agreement. The parties acknowledge that the mediation proceedings will not be recorded and that weapons of any type are prohibited.

Agreement(Required)

I Agree

Are the circumstances giving rise to this mediation request involved in civil or criminal litigation OR in any proceeding before the state real estate licensing authority (IDFPR) OR any other state or federal regulatory or administrative agency?(Required)

Yes

Additional Details(Required)

Provide additional information on the litigation or additional agencies involved.

Electronic Signature(Required)

By my electronic 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.

By typing your name below, you are signing this document electronically. You agree that your electronic signature is the legal equivalent of your manual signature on this document.

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HOW MEDIATION & ARBITRATION WORK

Mediation Request Form

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Respondent Information

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