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Mediation for Association-to-Association Disputes

The Association Executives Committee (AEC) formed a Mediation Work Group to develop a mediation procedure and ombudsman program to assist associations in resolving disputes. This work group was formed out of a need identified by the AEC, which identified the use of mediation and ombudsmen services as options for resolving association-to-association disputes. By identifying the dispute types and the specific processes for handling such disputes, associations will be equipped to handle various disputes that arise between associations that are not currently contemplated by National Association policies.

Association-to-Association Disputes Included in the Mediation Process

The disputes included in the association-to-association mediation process are as follows*:

  • Advocacy territorial jurisdiction disputes
  • Contractual issues between associations, specifically relating to an association’s performance and/or overlapping services offered by local associations and their respective state association
  • MLS-related disputes related to breach of non-mandatory policies adopted by associations
  • Knowingly or recklessly making false or misleading statements about other associations’ programs, products or services, and/or allegations of violation of NAR mandatory policies

The work group determined that the following potential association-to-association disputes currently have an established policy or process in effect to resolve issues relating to these areas:

*Note: The association-to-association disputes included above are not covered under NAR’s Errors & Omissions policy, per Legal Affairs. NAR’s coverage contemplates only disputes involving ethics, arbitration ombudsman, and mediation related to professional standards matters (and buyer/seller dispute resolution if adopted by an association). Associations interested in mediating the bulleted disputes above will need to seek additional coverage.

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Potential Association-to-Association Disputes not moving forward Established NAR Policy or Process Rationale
Boundary or jurisdictional disputes Yes, board jurisdiction mediation is offered Established process in place
Mergers Yes, NAR provides a merger kit with a list of facilitators available Merger facilitators can assist associations in the merger process
Contested name changes Yes, name change mediation is offered Established process in place
Harassment disputes between associations No, however at the discretion of the association, it may choose to adopt the NAR harassment policy prohibiting harassment of staff and board of director members Legally complicated – best for associations to consult board legal counsel when harassment issues arise.
Dues formula enforcement Yes, mandatory Bylaw Provision NAR Finance Committee processes

Please note the association-to-association disputes included below are not covered under NAR’s Errors & Omissions policy, per Finley Maxon. NAR’s coverage contemplates only disputes involving ethics, arbitration and ombudsman. Associations interested in mediating these disputes will need to seek additional coverage.

Association-to-Association Disputes included in the Mediation Process
Advocacy Territorial jurisdiction disputes (Territorial Jurisdiction Policy)
Contractual issues between associations, specifically relating to an association’s performance and/or overlapping services offered by local associations and their respective state association.
MLS-related disputes related to breach of non-mandatory policies adopted by associations.
Knowingly or recklessly making false or misleading statements about other associations’ programs, products or services, and/or allegations of violation of NAR mandatory policies.