The purpose of the Ombudsman is to provide a knowledgeable, informed contact when REALTOR® members or members of the public have real estate related concerns that have not been addressed by an individual REALTOR®.
The Ombudsman process usually involves parties who have not filed an ethics complaint, but have experienced a breakdown in communication requiring informal resolution. Often the Ombudsman functions as an intermediary who communicates the concerns of one party to the other over the phone, so a positive relationship can be restored.
The ombudsman’s role is primarily one of communication and conciliation, not adjudication. Ombudsmen do not determine whether ethics violations have occurred or who is entitled to what amount of money, rather they anticipate, identify, and resolve misunderstandings and disagreements before matters ripen into disputes and possible charges of unethical conduct.
The ombudsman process usually involves parties who have not filed an ethics complaint or arbitration request, but have experienced a breakdown in communication requiring informal resolution (although an ombudsman may also be used where a complaint has been filed). Often the ombudsman functions as an intermediary who communicates the concerns of one party to the other over the phone, so a positive relationship can be restored.
Mediation, on the other hand, normally involves monetary disputes (unless the association also offers ethics mediation) where an arbitration request may have been filed. Parties generally meet face-to-face at a prearranged time with their mediator, who encourages both parties to come to a mutually satisfactory resolution of their dispute.
Ombudsmen and mediators often have the same skill set: impartiality, the ability to listen carefully, and the desire to identify and resolve misunderstandings.
Not at all. Parties should be notified that ombudsman services are available to them, and may decline those services and opt to file a formal complaint instead.
Disputes can often be resolved through the ombudsman process in as little as a few hours or days, depending on the availability of the ombudsman and the parties.
No. Ombudsmen do not determine whether ethics violations have occurred, rather they anticipate, identify, and resolve misunderstandings and disagreements.