The Association Executives Committee (AEC) formed a Mediation Work Group to develop a mediation procedure and ombudsman program to assist associations in resolving disputes. This work group was formed out of a need identified by the AEC, which identified the use of mediation and ombudsmen services as options for resolving association-to-association disputes. By identifying the dispute types and the specific processes for handling such disputes, associations will be equipped to handle various disputes that arise between associations that are not currently contemplated by National Association policies.

Association-to-Association Disputes Included in the Mediation Process

The disputes included in the association-to-association mediation process are as follows*:

  • Advocacy territorial jurisdiction disputes
  • Contractual issues between associations, specifically relating to an association’s performance and/or overlapping services offered by local associations and their respective state association
  • MLS-related disputes related to breach of non-mandatory policies adopted by associations
  • Knowingly or recklessly making false or misleading statements about other associations’ programs, products or services, and/or allegations of violation of NAR mandatory policies

The work group determined that the following potential association-to-association disputes currently have an established policy or process in effect to resolve issues relating to these areas:

*Note: The association-to-association disputes included above are not covered under NAR’s Errors & Omissions policy, per Legal Affairs. NAR’s coverage contemplates only disputes involving ethics, arbitration ombudsman, and mediation related to professional standards matters (and buyer/seller dispute resolution if adopted by an association). Associations interested in mediating the bulleted disputes above will need to seek additional coverage.

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