File an Arbitration Request

To file an arbitration, a request must be filed using Request and Agreement to Arbitrate.  Your Request and Agreement to Arbitrate should include a supporting document in the form of a narrative or chronological summary of the events that occurred. Submit it to Michele McCaskill, Professional Standards Administrator for the Charlotte Region Commercial Board of REALTORS® (CRCBR), along with a check for $500 payable to CRCBR, for the arbitration deposit (collected from each party).  A copy of your Request and Agreement to Arbitrate will then be sent to the respondent, who has 14 days to submit a response and deposit.

Once the response is received by CRCBR, the case is sent to the CRCBR Grievance Committee Chair for the assignment of a panel to conduct a review.  This panel’s responsibility is to review the case, and based on a certain set of guidelines they must follow, will determine if the case should be referred to hearing or dismissed.

If the case is referred to a hearing, the CRCBR Professional Standards Committee will appoint a panel to hear the case and determine how the money dispute should be resolved.  Arbitration is binding.  The hearing is typically held at a time convenient for all parties.

If referred to a hearing, this process usually takes about two months since we must allow reasonable time for responses, for action by the Grievance Committee, and scheduling.

FAQs for Arbitrations

Q: Is there a statute of limitations for filing arbitration requests?
A: Yes. 180 days from the time that you could have known there was a dispute.

Q: I’d like to file a complaint, but am worried about confidentiality.
A: All arbitrations are kept strictly confidential. Only staff involved in the administration of cases, along with the assigned members from the Grievance and Professional Standards Committees, have access to arbitration cases.

Q: Is there a special form I should use when filing a request for arbitration?
A: File an arbitration request using Request and Agreement to Arbitrate. The form should include a supporting document in the form of a narrative or chronological summary of the events that occurred.

Q: Where do I submit the arbitration request?
A: If your request for arbitration is with another member of CRCBR, submit the request to Michele McCaskill, Professional Standards Administrator ([email protected] or 704-940-3150).

Q: Is there a cost to request arbitration?
A: Yes. Both parties submit a $500 filing fee; the prevailing party’s fee is returned, and the remainder used to cover the cost of the hearing. If the case does not go to a hearing, filing fees are returned.

Q: How do I know whether to file an ethics complaint or request arbitration?
A: Ethics complaints are filed about behavior; arbitration is requested when there is a commission dispute.

Q: Can I file an arbitration request and an ethics complaint at the same time?
A: Yes. Both case types can be filed at the same time. If the cases go to a hearing, arbitration hearings are held first.

Q: Will the person who I’m filing against be notified of my complaint?
A: Yes. Once your request has been submitted to CRCBR and reviewed by the Grievance Committee, it is sent to the respondent for a reply.

Q: Who establishes the rules that CRCBR follows in handling arbitrations?
A: CRCBR is required to follow the rules of the Code of Ethics and Arbitration Manual of the National Association of REALTORS®.

Q: How long does the process take?
A: If arbitrations go to a hearing, the process may take up to two (2) months. This is because of the time that must be allowed for responses, proper notification, and scheduling.

Q: Is arbitration binding?
A: Yes. Members agree to abide by the Code of Ethics, which includes binding arbitration.

Q: Do I have to use CRCBR’s arbitration if I have a commission dispute?
A: Yes. The Code of Ethics requires members to first submit to arbitration before taking a dispute to the civil courts.