Filing an Arbitration Request & FAQ
To file for the arbitration of a commission dispute, you must use the Request and Agreement to Arbitrate Form A-1 (MCBOR members) or Request and Agreement to Arbitrate Form A-2 (Non-Members). On this form you must state the specific amount of your dispute. Your request for arbitration should include a supporting typewritten narrative or chronological summary of the events that occurred, as well as copies of any documents you feel will support your claim.
Once the Request and Agreement to Arbitrate and supporting materials are assembled, submit them to the Medina Board of REALTORS®, 2530 Medina Rd. Suite#100, Medina, Ohio 44256 along with a check for $300. payable to MCBOR. A copy of your Request and Agreement to Arbitrate will then be forwarded to the respondent, who will have 14 days to submit their response and deposit. The arbitration request fee of $300. will be collected from both parties to the dispute.
Once MCBOR receives the response, you will be forwarded a copy. Once MCBOR receives confirmation that you desire to proceed with your complaint, all related case materials are forwarded to the Grievance Committee for their review. The Grievance Committee's responsibility is to review the case and, based on certain guidelines they must follow, determine if the dispute is properly the subject of arbitration and referred to a Professional Standards Committee for an arbitration hearing.
Once the case is referred to hearing, a panel will be selected from the Professional Standards Committee to hear the case. The formal hearing, held at the MCBOR office, is set for a time mutually convenient for both parties.
The arbitration process may take between sixty to ninety days, allowing a reasonable time for correspondence, for review by the Grievance Committee, and then for scheduling of the arbitration hearing.
Note: Once a Request for Arbitration is forwarded to the Professional Standards Committee, the dispute is eligible for the alternative board mediation service.
Is there a statute of limitations for filing arbitration requests?
Yes. The timed period is 180 days from the time that you could have known, in the exercise of reasonable diligence, the facts giving rise to the dispute.
I'd like to file a complaint, but what about confidentiality?
All arbitration's are kept strictly confidential. Only staff involved in the administration of cases, members of the Grievance Committee, and those members of the Professional Standards Committees assigned to the hearing panel have access to arbitration cases.
Is there a special form I should use when filing a request for arbitration?
File an arbitration request using Request and Agreement to Arbitrate Form A-1 (MCBOR Members) or Request and Agreement to Arbitrate Form A-2 (Non-Members), available from MCBOR. This form should be accompanied by a supporting typewritten narrative or chronological summary of the events that occurred.
Where do I submit the arbitration request?
Submit the request in care of: Professional Standards Administrator, Medina Board of REALTORS®, 2530 Medina Rd. Suite #100, Medina, Ohio 44256.
How do I know whether to file an ethics complaint or request arbitration
Generally, ethics complaints are filed about behavior; arbitration is requested when there is a dispute over a real estate commission.
Can I file an arbitration request and an ethics complaint at the same time?
Yes. Both case types can be filed at the same time. If both cases are determined by the Grievance Committee to warrant hearings, the arbitration is held first.
Will the person who I'm filing against be notified of my complaint?
Yes. Once your request has been submitted to MCBOR, a complete copy is sent to the respondent for a reply.
Who establishes the rules that MCBOR follows in handling arbitrations?
MCBOR is required to follow the guidelines and procedures outlined in the Code of Ethics and Arbitration Manual of the National Association of REALTORS®.
How long does the process take?
If aberrations go to hearing, the process may take 2-3 months, allowing for the time for receiving responses, proper notification, review by the Grievance Committee and scheduling of a hearing.
Is arbitration binding?
Yes. Members agree to abide by the Code of Ethics, which includes the duty to arbitrate. And, MCBOR's membership application includes an affirmation by the member to submit business disputes to the board's professional standards procedures. Such arbitration's are binding under Ohio law.
Do I have to use MCBOR's arbitration if I have a commission dispute?
Yes. Article 17 of the Code of Ethics requires members to first submit disputes to arbitration rather than litigation, unless both parties advise MCBOR in writing that they choose not to arbitrate before the board.