Arbitration Request Process

1. Upon receipt of an Arbitration Request the Board's Executive Officer forwards that request to the Grievance Committee. The Grievance Committee conducts a preliminary investigation and determines:

a. That the Requestor's request is an arbitrable issue by the Brooklyn Board of REALTORS® .

b. That this issue falls into either the "Duty" or the "Privilege" Category determined by;

        1. The Requestor's authority, under the rules, to involve arbitration.

        2. The dispute in question is an arbitrable issue.

        3 Mandatory or voluntary participation of the Requestor and the Respondent. Is arbitration compusory in this matter?

        4. The issue is, legally, within the Board's parameters and expertise.

        5. That the amount being disputed is appropriately set (not too small or too large).

Note: this review could result in the Board members release from the obligation to arbitrate.

2. Once the Grievance Committe determines that the issue is  arbitrable; Mediation is presented as an alternative to arbitration.

3. The Grievance Committee notifies all parties involved of it's decision (to arbitrate or not to arbitrate).

4. If a decision is made not to arbitrate; the Requestor is entitled to appeal the case with the Board of Directors. The Board of Directors reviews the case and decides either to reverse the Grievance Committee's decision and arbitrate or to uphold the Grievance Committee's decision and dismiss the case.

5. Upon deciding to arbitrate; the case is assigned to the Professional Standards Committee. The Professional Standards Committee will:

    a. Request the Respondent to reply (if this had not already been accomplished.

    b. Schedule a hearing and notify all persons involved in the case.

    c. At the hearing all involved will be given the opportunity to state their case. All testimony, evidence and witnesses will be presented at this time.

    d. All persons involved will be given instructions prior to the hearings prior to the hearing dates.

6. Upon conclusion of the hearings and all closing arguments have been presented; the Professional Standards Committee will make a determination as to how best to settle this case.

7. The Board will keep all persons involved informed on each step of the process which, usually, takes about sixty days. The Board's decision is binding, however, there is an appeals process.

More detailed information can be found in the