Agreement to Mediate

Agreement to Mediate

Case#: _______________________________
                             

The undersigned agree that they are involved in a contracted dispute defined by Article 17 of the Code or in a specific noncontractual dispute as outlined in Standard of Practice 17-4.

The undersigned agrees to submit this dispute to mediation in accordance with the mediation guidelines, as set forth in the Code of Ethics and Arbitration Manuel of the National Association of REALTORS®.

Any Agreement signed by the parties, pursuant to the mediation conference, shall be binding.

As a party to the mediation process I understand and agree as follows:
Parties to mediation may withdraw from the process at any point prior to reaching an agreement. Parties to mediation that do not reach an agreement shall be free to pursue arbitration of the dispute in accordance with the guidelines set forth in the Code of Ethics and Arbitration Manual of the National Association of REALTORS®. The parties acknowledge that the Mediation Officer is not providing legal representation, legal advice, or legal services, and that the parties are advised of their right to be represented by counsel at the mediation and of their right to obtain independent legal advice (if counsel is not at the mediation) before signing any final settlement agreement.

Any offers of settlement that were not accepted or any suggested resolution proposed by the Mediation Officer that was not accepted will not be introduced as evidence nor considered in any manner should the matter require arbitration by the Indiana Association of REALTOR®’s Professional Standards Committee.  However, if the parties agree to a settlement of the dispute, and the settlement is reduced to writing and has been signed by all the parties, the matter shall be considered resolved, and shall not be the subject of a subsequent arbitration hearing.  In the event that either of the parties fails to abide by the terms of the settlement, the matter may not be arbitrated; instead, the other party should be encouraged to have the settlement agreement judicially enforced by a court of competent jurisdiction.

No aspect of this mediation conference shall be relied upon or introduced as evidence in any ethics, arbitration, judicial, or other proceeding, including, but not limited to: views expressed, or suggestions made by a party with respect to a possible settlement of the dispute; admissions made in the course of the mediation; proposals made, or views expressed by the Mediator or the response of any party thereto. No privilege shall be affected by disclosures made during mediation.  Disclosure of any records, reports, or other documents received or prepared by the Association or Mediation Officer shall not be compelled. Neither the Association nor the Mediation Officer shall be compelled to disclose or to testify in any proceeding as to information disclosed or representations made during the mediation or communication to the Mediator in confidence. Neither the Mediation Officer, the Indiana Association of REALTORS®, the National Association of REALTORS® nor any of its Member Boards/Associations shall be deemed “necessary parties” in any judicial proceedings relating to mediation under this Agreement.  The parties acknowledge that the mediation proceedings will not be tape recorded and that weapons of any type are prohibited.

Are the circumstances giving rise to this request for Mediation the subject of civil or criminal litigation or in any proceeding before the state real estate licensing authority or any other state or federal regulatory or administrative agency?       Yes________    No ________

By my signature on this Agreement to Mediate, I acknowledge my rights and agree to the terms of the mediation procedures as stated above.  I hereby affirm that I have the authority to enter into and sign a binding written agreement to settle this dispute.

Complainant:                                                                                      Respondent:

 

______________________________________________________                ______________________________________________________
Signature                                                          Date                                     Signature                                                          Date

 

______________________________________________________                ______________________________________________________
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