hearing. The defendant has the right to cross-examine the witnesses testifying for the complainant. When the complainant is done presenting the case, the defendant then presents his or her defense. This time the plaintiff can cross-examine the defendant’s witnesses. Once this is done, each party has the opportunity to make a closing argument. After reading some closing remarks and ask- ing some final questions, the chair of the panel concludes the hearing and the panel adjourns to make its decision. Unlike in an ethics hearing where there are findings of fact, in an arbitration there is no explanation given as to how or why any particular decision was reached. Instead, the award simply states who gets what portion of the dis- puted commission. Whether you have been to an arbitration before or not,
the complaining party (or the “complainant”) and the defendant are well advised to read theManual carefully before the arbitration actually begins. In this way, both parties will be familiarwith the procedures as they unfold. While each party is entitled to have legal representation at an arbitration, it is not required.
[2] SETTING THE STAGE What kind of impression should you try to make in the
arbitration? While there may be different answers to this question, those REALTORS®
who manage to come across
as credible, reasonable and professional have a signifi- cant advantage over those who do not. How these traits are conveyed is a function of how you dress, act and pres- ent your side of the case during the arbitration. Let’s look at each of them in greater detail.
(A) ATTIRE. An arbitration hearing is not the place to wear shorts, flip-flops and your new Hawaiian shirt. The panel members are volunteering their time to resolve your dispute. You should dress in a way that shows you are re- spectful of the tribunal and the time they are taking to help you. This means you should dress how you would if you were going to a church on Sunday or to some other formal event.
(B) YOUR DEMEANOR. In arbitration, you want to be on your best behavior. You should introduce yourself to all of the panel members and shake hands with them andwith the opposing party or parties. You want to send a message that this is a business dispute rather than a grudgematch between the parties and that you have no personal ani- mosity toward the other party.Even if you have known the panel members since grade school, you should address them formally or “Mr. Smith” or “Ms. Jones”. This is a sub- tle acknowledgment that they are acting in a special ca- pacity at the arbitration and that you are not expecting
18IGEORGIA REALTOR®
your friendship with them to interfere with the important job they have to do as members of the arbitration panel. Most importantly, during the hearing, you want to remain likeable and in control. Panel members are human. Having good manners and a pleasant disposition is always the best way to make a good impression.
(C) YOUR PRESENTATION. To come across as cred- ible, reasonable and professional at the arbitration hear- ing, each party should strive to: i. Look people in the eye when you talk. ii. Talk slowly and clearly.
iii. Be concise and organized in your presentation. iv. Stick to the facts and avoid exaggeration. v. Avoid personal attacks on the other party to the dispute.
vi. Never interrupt the other party when they are presenting or make distracting facial gestures like vigorously shaking your head sideways in disagreement with what they are saying. You will have your chance to rebut what they say later, but give them a fair opportunity to present their case.
vii. Do not argue with the panel members. So, for example, if the panel rules against you on whether or not to consider a particular piece of evidence, move on and do not necessarily conclude that the panel is against you. It is the panel’s job to be impartial and not everything in the hearing is going to go your way.
[3] THE OPENING STATEMENT The opening statement that each party has a right to
make is the first opportunity for you to be heard by the panel. Ideally, it should be a sympathetic overview of the presenting party’s case which frames the issues in a light favorable to that party. Since the panel should already be familiar with the nature of the dispute and will hear the details during the main presentation of the case, the open- ing statement should be brief. Consider letting your broker make the opening statement. The broker is often viewed as more authoritative, experienced and objective and his or her statements are sometimes given greater credence than those of the agent. Let’s look at the sample opening statement below to see if it achieves these goals.
“Members of the panel, I want to first thank you for taking the time out of your busy schedules to help resolve this commission dispute. This case is about who was the procuring cause in a real estate transaction in which my agent, Sally Smith, was the listing agent. Sally is an experienced agent, has worked in my office for
NOVEMBER I DECEMBER 2014
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