Required: Mediation Before Arbitration
What do I need to include to file for Arbitration?
So that our Grievance Committee can properly review your complaint, please ensure the following:
• The Principal broker or his/her authorized representative is filing and signing the complaint
• Dates of events are included so that Grievance can determine if the request is filed on time
• A timeline of events leading up to the closing are included
• All appropriate parties are named; Parties may name the Principal Broker, The Brokerage firm or Both.
• A filing fee of up to $500 is required for all arbitration requests
What will happen to my case next?
Your case will go to the Grievance Committee who acts as a grand jury and reviews each case to determine if it should go to a hearing. You will need to supply enough information for the Grievance Committee to determine if a “arbitrable dispute” exists and or to determine if there was unethical conduct on the part of the REALTOR® you are complaining about.
Mandatory Mediation Information
According to Section 44 of the National Association of REALTORS® Code of Ethics and Arbitration Manual, an arbitrable matter exists when there is a monetary dispute between two REALTOR® Principals as it relates to cooperating commissions. By becoming and remaining a member of the Greater Boston Association of REALTORS®, every member agrees to submit to arbitration by the Board’s facilities as defined in Article 17 of the Code of Ethics. Keep in mind that GBAR requires mandatory mediation prior to arbitration (and allows voluntary mediation before a complaint is filed.) Therefore, once our Grievance Committee has determined that an arbitrable matter exists, a mediation conference will then be scheduled. If the conference is not successful, an arbitration hearing will then be scheduled. Mediation allows for an informal conversation and an opportunity for each side to understand the other parties’ position. Often an agreement is reached which is acceptable to both sides. If an agreement cannot be reached, an arbitration hearing will be scheduled.
File for Arbitration
General instructions for filing a complaint
File your Arbitration Request Online Here (login required)
References and Resources
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Before You File an Arbitration Request
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How to File an Arbitration Complaint or Response
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Inter-Board Arbitration Agreement
• Procuring Cause, An Introduction
• NAR Legal & Policy Division/Code of Ethics (login required)