Dispute Resolution

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Disputes can be settled through a variety of venues:

Mediation

Mediation is voluntary and non-legally binding process in which two parties agree to settle their dispute with the help of a trained, professional mediator. Many members have found it to be more satisfactory than arbitration. If any party does not agree to mediate, an arbitration hearing can be scheduled. Please be aware that under the Association bylaws, arbitration is mandatory for members of the Association in most circumstances.

Because mediation is voluntary, a mediation conference will only be scheduled for those persons returning the proper forms. If we receive the consent to mediate from most, but not all, of the parties, those returning the form will have the option of mediating among themselves, but may still proceed with arbitration against the remaining individuals.

A signed M-1 "Request for Mediation" is mailed or faxed to SAMCAR at (650) 342-7509.
The filing fee is $75.00, per mediating party, payable to the mediator, on the date of mediation.

Arbitration

Form A-1 "Arbitration Complaint" (22Kb)

The types of arbitration hearings administrated by SAMCAR are commission disputes between two SAMCAR brokers. If you are a SAMCAR member involved in a commission or a contractual dispute with a REALTOR® member of another association, please contact CAR's Interboard Arbitration Administrator at (213) 739-8388. Should your arbitration involve a non-REALTOR®, please visit the American Arbitration Association at www.adr.org or call (415) 981-3901.

The San Mateo County Association of REALTORS® (SAMCAR) has the authority or jurisdiction to conduct arbitration hearings only when the requests are written and formally filed with SILVAR against members of this Association.
We encourage REALTORS® to first contact the broker of the firm involved in the complaint and try to resolve the complaint prior to filing with the Association. In many cases the problem may be resolved at this point.
The request for a hearing must be filed against an agent of a real estate firm (not the real estate firm itself) and must also name the Broker of the firm.
The complaint must be filed within 180 days after the facts constituting the arbitratable matter could have been reasonably known.
Form A-1 "Arbitration Complaint" must be completed, signed and returned to the Association along with a $250.00 filing fee.
After a complaint has been received, a copy of Form A-1 "Arbitration Complaint" is sent to the respondent(s) and Form A-3, "Arbitration Response", is requested to be returned completed within 15 days.
After the 15 days, a hearing is scheduled and all parties receive notification of date and time.

Mediation/Dispute Resolution/Fair Housing Agencies

Landlord & Tenant Information & Referral Collaborative Community Information Program, Peninsula Library System
262 Harbor Blvd, Building A
Belmont, CA 94002
www.landlordtenantinfo.org

Mid-Peninsula Citizens for Fair Housing
457 Kingsley Rd
Palo Alto, CA 94301
(650) 327-1718, (408) 730-8491
Fax: (650) 327-1859
www.mcfhousing.org

Peninsula Conflict Resolution Center
520 S. El Camino Real #640
San Mateo, CA 94402
Tel: (650) 373-3490
Fax: (650) 373-349
www.pcrcweb.org

Project Sentinel
430 Sherman Ave, Suite 310
Palo Alto, CA 94306
(650) 321-6291
Fax: (650) 321-4173
1055 Sunnyvale Saratoga Rd., Suite 3
Sunnyvale, CA 94087
(408) 720-9888
Fax: (408) 720-0810
www.housing.org

Santa Clara County Dispute Resolution Program
70 West Hedding Street,
West Wing, Lower Level
San Jose, CA 95110-1705
(408) 792-2314