Skip to content

Dispute Resolution

Occasionally disputes arise during real estate transactions. Mediation can help resolve disputes and should
only be used when all other forms of negotiation have been exhausted. Parties using he SAR Real Estate
Contract have agreed to mediation as part of the contract.

1) Agreement of Parties: When signing the Sunflower contract containing the mediation clause, the parties to the transaction commit to submit any dispute that arises from the transaction to mediation.

Sunflower Association of REALTORS® Uniform contract Section 18 MEDIATION: Any dispute or claim arising out
of or relating to this Contract, the breach of this Contract, or the services provided in relation to this Contract, shall be
submitted to mediation in accordance with the rules and procedures of the Homesellers/Homebuyers Dispute Resolution
System ( prior to filing a lawsuit. Disputes shall include representations made by the
Buyer, Seller, or any listing and selling broker(s) or their agents, employees and associate broker(s) in connection with
the sale, purchase, financing, condition, or other aspect of the Property including, without limitation, allegations of
concealment, misrepresentation, negligence, and/or fraud. Seller and Buyer shall pay an equal portion of the mediation
fees and costs. Any party to this mediation will pay their own cost of counsel if any. Any agreement signed by the parties
pursuant to the mediation conference shall be binding.

The following matters are excluded from mediation hereunder: (a) earnest money disputes; (b) judicial or non-judicial
foreclosure or other action or proceeding to enforce a mortgage or escrow contract; (c) an unlawful detainer action; (d)
the filing or enforcement of a mechanic’s lien; (e) any matter which is within the jurisdiction of a probate court; (f)
disputes during time before closing occurs or is scheduled to occur; (g) any matter that would involve a claim less than
the maximum for small claims jurisdiction under Kansas law; and/or (h) violation of Kansas real estate license laws.
Mediation fees will be prepaid before the mediation begins and a failure to pay a pro rata share will constitute a default
in the obligation to mediate.

2) Initiation of Mediation. Any party may initiate mediation by completing, signing and mailing the Sunflower Association of REALTORS, Inc., the Associates in Dispute Resolution, LLC, and all other parties, a Request to Initiate Mediation Transmittal Form.

Request to Initiate Mediation Transmittal Form

3) Such form shall contain or be accompanied by the following information, to the extent known or readily available:

a) A fully executed true copy of the sales contract containing the mediation clause;

b) The names, addresses and telephone numbers of the parties to the case, including the name of the parties insurance company;

c) Nature and amount of the claim (brief statement of the facts that give rise to the claim, the damages of relief sought);

4) Selection of Mediator. Not later than ten days after receipt of the Transmittal Form, Associates in Dispute Resolution, LLC shall appoint a qualified mediator. No person shall serve as a mediator in any dispute if that person has any financial or personal interest in the results of the mediation unless, after full disclosure, the parties have given their written consent.

5) Time and Place of Mediation Conference. Within ten days of his appointment, the mediator will notify the parties of the date, time, and place of the mediation conference. The mediator will use reasonable efforts to set a date, time, and location acceptable to all parties.

5) Conduct of Mediation Conference. At the mediation conference, the mediator will conduct an orderly settlement negotiation, the parties will be expected to produce all information reasonably necessary to understand the issue(s) presented. Such information will usually include relevant written materials and a description of any witness(es) and what each could testify to. The mediator may ask the parties for written materials/information in advance of the mediation conference.

At the mediation conference, the mediator will conduct an orderly settlement negotiation. Parties at the mediation conference must have authority to enter into and sign a binding written agreement to settle the dispute. The mediator will be impartial in such proceedings and has no authority to force the parties to agree to a settlement.

6) Representation by Counsel. Participation of legal counsel is generally discouraged. However, any party may be accompanied by and represented at the conference by counsel. In the interest of fairness, a party who intends to be represented by counsel shall notify the mediation vendor and other parties of such intent at least ten days in advance of the

7) Confidentiality.

a) No aspect of the mediation shall be relied upon or introduced as evidence in any arbitration, judicial or other proceeding, including but not limited to:

i) Views expressed or suggestions made by a party with respect to a possible settlement of the dispute;

ii) Admissions made in the course of the mediation;

iii) Proposals made or views expressed by the mediator or the response of any party thereto.

b) No privilege shall be affected by disclosures made in the course of mediation.

c) Disclosure of any records, reports, or other documents received or prepared by mediation vendor cannot be compelled.

d) The mediation vendor shall not be compelled to disclose or to testify in any proceeding as to information disclosed or representations made in the course of the mediation or communication to the mediator in confidence.

8) Mediated Settlement. The mediated settlement must be reduced to writing by the parties or by the mediator (if the mediator is an attorney), dated and signed by all parties either at the mediation conference or no later than ten days after the conclusion of the mediation conference (See Appendix F for sample agreement).

9) Judicial Proceedings and Immunity. Neither the mediation vendor, the mediator, nor the association, shall be deemed "necessary parties" in any judicial proceedings relating to  mediation under this program. Neither the mediation vendor, nor any mediator, nor the association,shall be liable to any party for any act, error, or omission in connection with any service
rendered under the program.

10) Mediation Fees. Mediation fees shall be in accordance with the published fee schedule.

11) Timing of Claims. The time limitation by which parties must bring claims in accordance with these Rules and Procedures are to be governed by state law. Local counsel should be consulted regarding this issue.

Frequently Asked Questions About Mediation

Scroll To Top