REQUEST FOR MEDIATION
What is Mediation?
Mediation IS an informal dispute resolution process whereby the Mediator (neutral third party) facilitates the reaching of an agreement satisfactory to all parties.
Mediation IS NOT an adversarial proceeding. There is no determination of guilt or innocence. Mediators do not decide cases; they help the parties come to their own agreement. They may carry representations back and forth between the disputants but they do not argue on "behalf" of either complainant or respondent.
Mediation IS a "win-win" proposition where both sides come away with something, having given something and having aired their feelings. Should the parties not reach an agreement, either party may request arbitration under the Association rules.
The purpose of the Shasta Association of REALTORS® is to assist members of the Association with clients that request dispute resolution per their contractual agreement under the California Association of REALTORS® Standard Real Estate Forms.
Mediation is Confidential
Most parties are more receptive to open discussion in mediation if they are assured the session will be kept confidential. If the parties wish to keep the session confidential so that the Mediator will not be required to testify in subsequent arbitration or ethics hearings or lawsuits, the parties must agree to this confidentiality in writing. The written consent must be in a form that complies with Evidence Code Section 1152.5.
Having agreed that the session is to remain confidential, the parties are free to openly discuss various issues without the fear that the mediator will turn the information over to the Grievance Committee or use it against them in the event mediation is unsuccessful and the matter goes to arbitration.
In the event the parties do settle their dispute and wish to enter into a binding agreement, the agreement must also specifically state that the agreement itself may be sued in court for enforcement purposes. This is in the rare event that a party agrees to a mediation settlement but subsequently decides not to follow it. In order to enforce the agreement, it would be necessary to introduce it in court.