Professional Standards
Mediation
What is Mediation?
Mediation is a facilitated negotiation. It is a method of resolving disputes by bringing the disputing parties together with a neutral third party (the mediator) and negotiating, through the mediator, to come to a mutually acceptable resolution.
What is the result of a mediation?
When the parties come to an agreement they will put the terms of that agreement into a contract with the help of the mediator. The contract becomes legally enforceable and if one of the parties were to breach it then it could be judicially enforced.
If the parties do not come to a resolution during the mediation, then the matter may be taken to arbitration.
What disputes will the UAR mediate?
The UAR will mediate any dispute that could also be arbitrated under Article 17 of the Code of Ethics. The UAR will arbitrate, contractual disputes between opposing brokers which arose out of their relationship as REALTORS®, also the UAR will arbitrate certain non-contractual disputes between opposing brokers (procuring cause disputes).
The UAR does not, however, mediate disputes between buyers and sellers. If buyers and sellers would like to mediate, or their contract dictates that they “shall” mediate, then they can initiate mediation by contacting a mediator. A list of potential mediators in the state of Utah can be found on the Utah courts Web site:
http://www.utcourts.gov/mediation/roster/bios.asp
Why Should I use Mediation?
Arbitration is valuable, but mediation can be quicker, friendlier and easier.
- Rather than putting the matter in front of a panel and have a judgment forced upon them, mediation allows the parties to come to a mutually acceptable resolution and craft their own agreement.
- Another benefit to mediation is that the parties can divvy up the commission as they see fit. In Arbitration, the result is all or nothing.
- In mediation the parties can agree to non-monetary concessions which opens the door to many possible resolutions. In arbitration, the only thing that can be awarded is money.
- Mediation through the UAR is free. You have nothing to lose. Arbitration requires a $250 deposit which is only returned if the party prevails in the arbitration.
- Mediation is considered a non-adversarial dispute resolution method. This means that parties work together to form a resolution rather than fighting against each other. In this way mediation can help preserve good relationships even in the midst of a disagreement.
Do I have to try mediation before I can use arbitration?
No, but it is encouraged. Mediation is a completely voluntary process and both parties must agree to mediate. Whether or not you elect to try mediation, you will still have the option to arbitrate the matter.
How do I request mediation?
If a party wishes to request mediation through the UAR before trying arbitration, they should download the “request for mediation” form and send it to the UAR office. The other party will be notified of your desire to mediate and be asked if they also wish to participate. Once the other party agrees to mediate, both parties will be contacted and assigned a mediator.
Forms
Thank you for considering mediation. If you have any questions, contact our office at (801) 676-5200.