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GCAAR

Greater Capital Area Association of Realtors®

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Mediation and Arbitration

If you are involved in a dispute regarding entitlement to a commission or other monetary compensation in a real estate transaction, Article 17 of the NAR Code of Ethics states you can file a request to arbitrate with GCAAR. View Article 17 of the 2017 NAR Code of Ethics.

Terms to Know

Arbitration: A form of alternative dispute resolution where a third party review the evidence and imposes a decision that is legally binding and enforceable in court.

Conditions for Mandatory Arbitration: Both parties are required to complete the arbitration process.

  • REALTOR® Principal vs. REALTOR® Principal of another firm.
  • REALTOR® vs. REALTOR® if REALTOR® Principals are enjoined.
  • Client of a REALTOR® Principal vs. REALTOR® Principal, if Client agrees to be bound by outcome.

Conditions for Voluntary Arbitration: The respondent may choose not to engage in arbitration and the case is dismissed.

  • REALTOR® vs. REALTOR®; from the same firm IF with the same firm at the same time the dispute arose.
  • REALTOR® Principal vs. Non-member broker, if each party agrees in writing to the arbitration and provided the Board finds the matter properly subject to arbitration in accordance with the provisions of Part Ten, Section 45 of NAR Code of Ethics and Arbitration Manual.
  • Customer vs. REALTOR®  Principal IF written contractual relationship has been created by a REALTOR® Principal between a customer and client provided all parties to the dispute agree in writing to arbitrate the dispute.

Mediation: A dispute resolution process which is an alternative to arbitration. In mediation a third party mediator assists the parties to negotiate a settlement. Although mediation is voluntary, it is highly recommended that parties take advantage of this service which is provided by the Association. View the NAR brochure entitled “Mediation, the winning solution.”

Questions? Contact profstandards@gcaar.com.