REALTOR® Mediation
The Central Oregon Association has a group of trained REALTOR® mediators to help facilitate solutions over monetary disputes. Prior to filing for mediation or arbitration, you are highly encouraged to contact the COAR office to be put in contact with an Ombudsman who can help facilitate a solution prior to a formal request for mediation or arbitration is filed. If the ombudsman is unable to facilitate a solution, please feel free to file a request for mediation and arbitration so that we can help to facilitate a resolution.
Mediation is a service provided by every board/association of REALTORS®. Unlike arbitration, in which the parties present their cases to a panel of arbitrators whose decision is final and binding, mediation brings the disputing parties together in an atmosphere conducive to dialogue and conciliation, encouraging them to work together to reach a mutually acceptable resolution.
Experience has shown that 80% or more of the disputes that otherwise would be arbitrated can be resolved faster and more efficiently through mediation. This is a significant savings in time and expense for both the parties and for boards and associations. Mediation can also be a positive experience for those who participate because, rather than a “winner” and a “loser” being determined by a panel of arbitrators, in mediation the parties work together, guided by a mediator, to fashion their own solution. Mediation is frequently a “win-win” situation for everyone.
More information on the mediation process, as well as the form to request mediation, can both be found in the Additional Resources section of this page.
Buyer/Seller Mediation
With respect to mediation between buyers and sellers, the Central Oregon Association of REALTORS® has adopted the use of the Arbitration Service of Portland (ASP). This will serve as the organization's adopted mediation program for all claims involving buyers and sellers per the real estate sales agreement. If you are a buyer, seller, or attorney representing a party to a buyer/seller dispute, you should contact the Arbitration Service of Portland directly. Their contact information is as follows:
Arbitration Service of Portland, Inc.
620 SW 5th Ave.
Portland, OR 97204
Phone: 503-226-3109
Website: www.arbserve.com
Arbitration
If the ombudsman and mediation are not successful in resolving a monetary dispute amongst REALTOR® members, the Central Oregon Association of REALTORS® offers arbitration services to resolve the dispute.
By virtue of becoming and remaining a member of an Association and having signed an agreement to abide by Association bylaws, every member agrees to bind themselves and the company for whom they act to submit disputes “arising out of a real estate transaction” to arbitration as defined in Article 17 of the National Association of REALTORS® Code of Ethics. Furthermore, membership termination from the Association will not absolve the member of arbitration duty for disputes arising when the person was a member of the Association. It is recommended that you file both a request for mediation and arbitration request at the same time. For resources on Arbitration as well as the Arbitration Request form, please see the Additional Resources section of this page.