Suggested Time: 10 minutes Start time: __________ End time: __________ Following the section on procedural matters in arbitration cases, this section deals with the substantive matters of an arbitration hearing.
This section is a simple introduction to procuring cause concepts. The objective of the facilitator should be to create an awareness by participants that there are guidelines which address commission disputes, and to make the participants aware where to find the guidelines. In addition, central fundamental concepts arbitration are noted.
NAR’s Arbitration Guidelines Make the participants aware procuring cause is the determiner of entitlement in cooperative transactions formed through MLS and that guidelines for determining procuring cause exist. The participant materials will include Appendix II to Part Ten, Arbitration Guidelines. Direct participants to this information as reference material for later use.
Key Factors in a Procuring Cause Dispute Briefly review these four items as guiding principles in a procuring cause dispute. You may finish the section with a brief discussion of the definition of procuring cause from Black’s Law Dictionary. Note that REALTOR guidelines governing procuring cause disputes are similar to and based on this legal definition, but are more extensive and tailored to typical situations found in broker to broker disputes (as opposed to broker versus owner disputes typically the subject of litigation).