ALTERNATIVE DISPUTE RESOLUTION

Ombudsman

• PAR will encourage the use of an informal ombudsman process for resolving disputes. Ombudsman services requested prior to the filing of a formal arbitration request by filing appropriate forms that identify the parties, describe the issue and indicate a desired resolution. No filing fee will be required to start the ombudsman process.
  
• Ombudsman services are not available after the formal filing of an arbitration request. This does not stop the parties from contacting each other to resolve their issues prior to a hearing. 

Mediation

• After the filing of an arbitration request, the Program Administrator will offer mediation to the parties both before and after the request has been heard by the Grievance Committee, regardless of whether the request has been forwarded for a hearing. If the parties agree to mediation, there is no charge to the parties beyond their original deposits, regardless of whether they settle the dispute.
  
• If the parties settle the dispute through mediation or any other means prior to a hearing, their deposits will be refunded as stated in the Fees section of policies and procedures of the Pennsylvania Association of Realtors® Professional Standards program.
  
• In the event the request is not forwarded by the Grievance Committee, mediation services will be provided if both parties voluntarily agree to mediate the dispute. The actual cost of the mediator, plus a $100 administrative fee, will be split equally by the parties and paid in advance.
  
  

What authority does the association have?

An association of Realtors® possess limited authority regarding its members. Associations have the following limitations:

• An association cannot charge a member with violations of the Pennsylvania real estate license law or any other law. Its jurisdiction covers only violations of membership duties. The Pennsylvania Real Estate Commission holds jurisdiction of an agents’ right to sell real estate. If you think an individual has violated Pennsylvania license laws contact the commission at the following number to file a complaint: (717) 783-3658.
  
• Associations cannot suspend or terminate the license of a member for the same reason as stated above.
  An association can arbitrate certain monetary disputes involving a real estate transaction, and must in certain situations. But a member of the public must first agree in writing to arbitrate and dispute and be bound by the decision.
  
• An arbitration award my not be more than the amount in dispute
  
  

What if I don’t like the results of a Hearing Panel?
You could possibly file an appeal. However the appeal can be based only on alleged procedural deficiencies or other lack of due process that may have deprived either of the parties of a fair hearing.

How can the award be enforced?
If a party refused to abide by an award in arbitration, such refusal allows the prevailing party to seek judicial enforcement of the award by a local court and to request reimbursement of legal fees incurred in seeking enforcement.