Mediation is the best alternative to expensive, lengthy and unpredictable litigation. Each party has the opportunity to share their story and directly control their solution.
Even REALTORS® who are committed to high standards of conduct occasionally have honest business disputes with other professionals, clients or customers. In REALTOR® to REALTOR® disputes, mediation preserves personal and working relationships by solving problems quickly and amicably. There is an on-going need for efficient and economical mechanisms to resolve such disputes. Mediation is the right option.
Mediation is an alternative dispute resolution system to litigation and arbitration. Mediation is assisted compromise where two parties reach an agreement with help from a trained REALTOR® mediator. All SC REALTOR®standard forms require parties to mediate before disagreements are litigated.
The goal is to find mutually agreeable and advantageous solutions while avoiding the costs, delays, and uncertainty of litigation. During mediation, all parties are expected to remain professional and listen. Both sides are able to speak frankly. Mediation is confidential. Mediators are neutral and free from conflicts of interest. Mediators cannot disclose what was discussed and cannot be subpoenaed or deposed.
To initiate mediation, contact one of these approved mediators. Participants decide which mediator to use, where to meet, when to meet and how to pay the modest mediator’s fee.
If mediation succeeds, participants will sign a written agreement. This agreement is legally enforceable and binding. In mediation, there are only winners. There are no losers. If mediation fails or a participant voluntarily quits, they can still hire an attorney, file a lawsuit and go to court. Everyone gets something in mediation. Unlike litigation, there are no losers. Participants agree on a compromise that suits all parties.
NAR MEDIATOR TRAINING:
NAR offers Mediation Training every year in the Fall. Click here for more information.