Mediation is a voluntary process and can be initiated to resolve any type of dispute, involving any amount of money, and at any time. A mediation conference can only be scheduled for those parties that agree to mediation. If any party to the dispute does not agree to mediation, the parties are free to pursue other avenues for resolution.

What is mediation?
Mediation is a dispute resolution process whereby a mediator works with you and the other parties to facilitate a mutually acceptable resolution of your dispute. In comparison to arbitration or other forms of litigation, mediation is usually less adversarial and less formal and the parties are more directly involved in the decision making process to resolve their dispute.

Types of disputes
The purpose of mediation is to assist in resolving REALTOR® vs. REALTOR®, Client vs. REALTOR®, and Client vs. Client disputes.

The Association reserves the right to refuse certain mediations.

Mediators
The Monterey County Association of REALTORS® is privilege to have two very well trained real estate attorneys to assist with this program. Paul Gullion , attorney at law and MCAR legal counsel and Terry M. Mallery, attorney at law and MCAR member. Resumes are available upon request.

Fees
The cost of Mediation is divided equally between the parties.

An initial fee of $150 per party is required to start the process.

The fee covers administrative costs and the first hour of mediation.

Fees for each additional hour are:

Under $5,000 in dispute: $150.00 per party

$5000-$25,000 in dispute: $175.00 per party

$25,000 and above in dispute: $200.00 per party

Request for mediation
To initiate a Mediation conference, complete the attached Request for Mediation form and return it to the Monterey County Association of REALTORS® with a check for $150.00. The Association will notify the other party and should they agree to mediate, the Association will select a mediator and send a Notice of Mediation Conference and Mediation Agreement to both parties. The fee of $150.00 will be returned should the other party decline.

MEDIATION SERVICE REQUEST FORM

Arbitration Complaint Form