Mediation is a form of facilitated negotiation, conducted in a more informal setting, by which a trained and experienced third party helps the disputing parties to reach a mutually acceptable resolution. As a voluntary alternative, mediation is strongly encouraged but not mandatory. Parties may withdraw from the process at any point prior to reaching an agreement.
Advantages of mediation include:
- Promptly determine the possibility of settling the dispute
- Saves time and money
- Can salvage relationships
- Since both parties consent to the mediation, the ultimate solution is in the hands of the parties - rather than a hearing panel
To initiate a mediation request, please call us at (330) 722-1000. Once both parties have notified MCBOR of their willingness to mediate, a mediator will contact them. The mediator will arrange for a time that is convenient to both parties to come to MCBOR's office for the mediation.
If an agreement is reached through mediation, both parties will be asked to sign a written agreement. Failure to reach agreement through mediation will not be considered by a hearing panel during any subsequent arbitration hearing.
Grievance and Professional Standards Committees
If Ombudsman Services and Mediation are unsuccessful, or the complainant chooses to bypass those options, the case will proceed to the Grievance Committee.
Generally, ethics complaints are filed about behavior; arbitration is requested when there is a dispute over a real estate commission. Both case types can be filed at the same time. If both cases are determined by the Grievance Committee to warrant hearings by the Professional Standards Committee, the arbitration is held first.
To initiate an Ethics Complaint and/or Arbitration Request, complete the applicable process:
Ethics Complaint Process
Arbitration Request Process
Professional Standards Committee
Should the Grievance Committee determine a hearing is warranted, a panel is selected from the Professional Standards Committee to hear the case. The formal hearing, usually held at the MCBOR office, and will be set for a time mutually convenient for all parties.
If the panel, as a result of the ethics hearing, determines that the member has violated the Code of Ethics, they may recommend disciplinary action to MCBOR's Board of Directors. Such disciplinary actions may:
- Require the respondent to complete an appropriate education class
- Prescribe a letter of warning or reprimand
- Impose a fine of up to $5,000, a period of suspension of member services or a termination of board membership
- Or a combination of two or more of the above
Additionally, a member found to have violated the Code of Ethics is also charged an administrative fee of $500.