Anybody else been to mediation? I really didn't think I would be this involved....da?!!! I can see why agents don't follow thru, I thought from what my broker said that he would be pursuing arbitration with the other brokerage.

any update on this situation ?

Latest update and would love any comments that come in! Respondents refused mediation and went straight to arbitration. Has me a little uptight because they have an attorney. My first thoughts are if they have an attorney I should have one. So I called a good one.......$500 to tell me if I have a leg to stand on. At first I thought I was fighting about principles and ethics........how much can you advertise on the MLS and not have to back up? Now I see the issue is really the money. I guess it's always about the money!
Respondents don't get attorneys if they think they are being questioned about their ethics. They get attorneys because they are afraid they could owe someone big $$.

I personally think you wasted $500. Should have been your broker paying. My view (as stated at the outset) is that all factors will get taken into consideration in arbitration, not just the statement in the MLS. You'll be lucky to get something from this -- hopefully enough to cover what you paid the atty. You can always find an atty to tell you what you want to hear. Sorry, that's my view. Seen it happen before.

Thanks HP I totally get where you are coming from. Unfortunately I don't think I have any other options but to show up and hope I don't get too beat up by their attorney,or show up with one. I started something now I have to close it up!

I didn't know they were allowed to use an attorney in arbitration. Have you checked the rules?

I had an agent file a complaint with the grievance committee and she showed up with an attorney. They told the attorney to keep his mouth shut and watch the proceedings.

The other party has one and the letter was sent from cabor

My board has now decided that the arbitration is mandatory as the bonus was advertised by the broker in the MLS.

Well, we sure are interested in seeing how this pans out.

Years ago I was a Union Rep and went to many arbitrations. The employer always sent in an attorney, the union always sent in an attorney. The lawyers were never allowed to speak though, only observe.

Depending on the type of aritration though (binding or non binding) the lawyers were allowed to stop the proceedings to offer counsel.

I'm interested in the outcome of this. When is the arbitration set? I had this same thing happen to me, only it was a $1,000 bonus, so not much worth fighting about. But my buyer offered full price, and they countered scratching the bonus. Again, it wasn't enough $$ for me to fight about, so I let it go.

The date is still not set! Unbelieveable but the case has been deemed mandatory arbitration by MLS. This will be between brokers. The other brokerage was trying to delay the hearing because the seller couldn't make it in to town. The MLS said no one cares if the seller is there, he can be there of course but the matter is between the brokerages. It doesn't appear to matter that the seller scratched the bonus on the contract. The broker is the one who offered the bonus. Further in my case I wrote 2 offers on the same property. The first, seller scratched bonus,and the bonus remained in the mls and then a second time same thing.
It should NOT be the amount at all, you were offered a bonus, you wrote the contract and the contract was accepted. You get the bonus.
I think it is pitiful that we have to hire attorneys or fight for what we believed we were entitled to. Your broker should have fought for that for you $1, $500, $1000 or $10,000. No one should be permitted to advertise a bonus with no restrictions or specifications and not have to pay up!

Yep, I agree it is the principal, but it's not worth me paying (or my broker paying) legal fees to recover only $1,000, not to mention the time and headache. At $10,000, if you prevail in the arbitration, then it definately is worth your time and money. Good luck, I'll be checking back.

Quick update, after months of settling on a date for arbitration, the other broker has now called requesting to mediate instead of arbitrate. Lawyer meeting with broker and I this morning to discuss which option is best. Original filing was August 2009. The other brokerage cancelled the Dec hearing. ( which is ironic since it was set and they objected to that date originally, then cancelled with a legitimate reason the weak before, new hearing set to this month and now 3 days before the hearing they are requesting to mediate) I THINK the difference is at mediation I might get something. At arbitration it's all or nothing? but I should know later today how this works.

Arbitration was 5/28/2010...almost a year since the property was sold. I WON!!!!