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A voluntary process in which disputing parties meet witha
mediator appointed by the association of the dispute, rather then
having a decision imposed by an arbitration hearing panel -
ANSWER Mediation
Professional standards hearing panel in arbitration - ANSWER
Board Attorney/ Attorney
The Board/ Association may decline to hear an arbitration case if
it is - ANSWER Too large or too small / Too legally complex
Ethics Hearing: After conducting a hearing, the hearing Panel
decides whether there was a violation of the code of Ethics,
proven by - ANSWER Clear, strong and convincing proof
The Grievance Committee Acts like a - ANSWER Grand jury,
does not make decision if code of Ethics has been violated or not,
Does not Mediate or Arbitrate Business Disputes
Money always come - ANSWER First
Arbitration before - ANSWER Ethics
The standard of proof in Arbitration is - ANSWER
Preponderance of the Evidence
What is it when the lender structure a plan to deal with a
borrower inability to pay mortgage obligation - ANSWER Work
out
, The Arbitration will always be first - ANSWER If both Ethics and
Arbitration are filled
The standard of proof in Ethics Hearings is - ANSWER Clear,
strong and convincing
Any Realtor requesting Arbitration should be offered - ANSWER
Mediation prior to the Arbitration Hearing
Parties to an Arbitration may settle any time prior to and / or
during an - ANSWER Arbitration Hearing
Ethics Complaint may be brought by - ANSWER Anyone
The Arbitration Award - ANSWER will specify the amount of the
award and the disposition of the arbitration deposit.
During a Hearing the Board/ Association attorney - ANSWER will
only provide legal guidance to the hearing Panel
If Mediation is unsuccessful - ANSWER the party still has the
right to arbitrate and nothing learned during the Mediation can be
used later if the request goes to Arbitration
Advantage of Mediation include - ANSWER It is quicker, has a
wide range of solutions and will likely preserve relationships.
When the financing contingency is the existing loan being to be
assumed. - ANSWER (F61) Loan Assumption Exhibit should be
attached.