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C.A.R. Interboard Arbitration

What is This?
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what is "interboard arbitration?"

Occasionally, disputes arise between REALTORS® who belong to different local associations. Such arbitration is referred to as “Interboard Arbitration.”

mediation

Mediation is a process whereby a mediator works with the parties to facilitate a mutually acceptable resolution of the dispute. Since mediation allows the parties to better control the outcome of their dispute, C.A.R. encourages mediation prior to arbitration.

 

arbitration

Arbitration is a form of dispute resolution used by organized real estate to resolve disputes between its members.  Through this process, the parties submit their dispute to the arbitrator(s) who makes the decision for them. 

 

IMPORTANT INFORMATION FOR GETTING STARTED:

1. Prepare your complaint, which must include:

  • IBA-1 Complaint
  • M-1 Request for Mediation
  • Personal Statement (Exhibit 1)
  • Copy of demand letter to other party (Exhibit 2)
  • Proof of close of escrow, showing the date of closure
  • DRE Information for EACH Broker (www.dre.ca.gov )
  • Additional exhibits (if any)

2. Return your complaint (all documents above) via email 

3. We will review your submission and if it is complete, you will receive a request for payment of the $500 filing fee 

Your complaint will not be accepted for filing without all items submitted as requested above.

 

Filing Fee - $500

Payable after C.A.R. confirmation of complete arbitration/ mediation package.  

Continuance Fee 

Initial request is free.
Second request is $500; the third is $1,000; the fourth and subsequent requests are $1,500. Please check with C.A.R. IBA administrator for the correct fee.

Recording Duplication - $30 

Must accompany the Request for Duplication of Recording form 
Requests for Procedural Review (Directors Review) - $500
Must accompany the Request for Review form

REFUNDS

$250 Refund (IBA Filing Fee)
Refunded to Complainant if complaint is settled or withdrawn for any reason.

$500 Refund (Directors Review Filing Fee)
Refunded to the requesting party when the Directors grant a new hearing at the conclusion of a Directors Review hearing.

 

COMPLAINT: C.A.R. receives an original complaint. This starts the process.

INVOKING ARBITRATION and SUBMISSION: As soon as possible, C.A.R. will review the complaint and verify C.A.R. membership, DRE records and close of escrow date for determination that the dispute is subject to Interboard Arbitration.  If the submission is complete, C.A.R. will request payment of the $500.00 filing fee from complainant. 

RESPONSE AND AVAILABILITY: C.A.R. will provide a copy of the complaint to all named respondents who then have fifteen (15) days from the date of notification to provide a written response to C.A.R. on form IBA-2 Arbitration Response.  
All parties also receive form IBA-4 Availability for Hearing to return dates of availability.

POTENTIAL ARBITRATORS: After the 15-day response period has expired, all parties receive a list of potential arbitrators/mediators and form IBA-5 Reasons for Challenge for completion and return to C.A.R. within fifteen (15) days from the date of notice, stating the party’s arbitrator challenges.

HEARING / MEDIATION NOTICE (provided with at least twenty-one (21) days’ notice):
C.A.R. will set a mediation date (if all parties agreed to mediate) or a hearing date for arbitration.  

 

 

OTHER SUBMISSION DEADLINES

  • Request and Service of Subpoena: C.A.R. will issue subpoenas upon request, but will have NO involvement after issuance. The party requesting the subpoena is responsible for serving and enforcing the subpoena. Parties being served subpoenas by personal service must be given fifteen (15) calendar days’ notice for appearance at a hearing (add five (5) calendar days if service is by mail ). Subpoenas shall be enforced pursuant to California Code of Civil Procedure § 1985 et. seq. Subpoenas may not be used for pre-hearing discovery.
  • Counsel Representative: C.A.R. must receive the name, address, e-mail, phone and fax number of any counsel at least fifteen (15) days prior to the hearing or mediation date.
  • Continuance Requests: Continuance requests are for cause.  C.A.R. must receive the request in writing and at least five (5) business days prior to the hearing or mediation date, to be considered by C.A.R.  Otherwise the request must be made before the tribunal at the hearing or the mediator at the mediation. Please refer to the Interboard Arbitration (IBA)/Mediation Fee and Refund Schedule, for the fees charged for continuances.
  • SETTLEMENT / AWARD NOTIFICATION:  As applicable, the mediator will return the signed Settlement or the hearing tribunal will return the signed Award to C.A.R.  C.A.R. will forward a copy to all parties and counsel within one to three days of receipt. C.A.R. cannot provide the award notification via telephone or fax.
  • REQUEST FOR DIRECTORS REVIEW: A party requesting a Directors Review must do so within twenty (20) calendar days after notice of the hearing tribunal’s decision, by filing form IBA-15 Request for Review.  The filing must include a statement indicating the alleged procedural deficiencies that the party believes may constitute a deprivation of due process and a filing fee in the amount of $500.00.  A request for review is not complete without the filing fee.  
    C.A.R will provide a copy of the hearing recording upon receipt of form IBA-14 Request for Duplication of Recording and payment of a $30.00 fee.

 

View and download the Complaint Form and associated documents: 

Contact the coordinator by email with any questions.

 


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