Unfortunately, disputes do occur.
In order to resolve disputes between parties and avoid costly litigation proceedings, Propertyshelf will delegate a mediation panel to manage conflict resolution. The panel is to be comprised of 2 Propertyshelf partners , and 3 elected broker members. The broker members are to be elected annually, at the beginning of the year.
Upon receiving a written complaint by one member regarding the actions of another member or members, both parties to the dispute will be given the opportunity to submit their case to the mediation panel. If both parties agree in writing to adhere to the mediation panel's authority, then the panel will hear statements by both parties and recommend an action. If both parties agree to submit to the ruling of the mediation panel, then the panel will hear statements by both parties and reach a decision. In cases in which a member of the mediation panel is party to a dispute, another person agreed to be independent by both parties will serve on the panel in their place.
If either or both parties are unwilling to submit to the mediation panel's decision, the case will be transfered to the International Center for Conciliation and Arbitration of the Costa Rican American Chamber of Commerce ("CICA").
Propertyshelf therefore requires that its members adhere to the following Arbitration Clause:
Arbitration Clause. Any and all disputes, claims, differences or controversies arising out of or in relation to any aspect of this Agreement, its business matter, performance, liquidation, interpretation, validity or any breach thereof, shall be resolved by arbitration in accordance with the bylaws of the International Center for Conciliation and Arbitration of the Costa Rican-American Chamber of Commerce ("CICA").
Propertyshelf MLS Agents will submit unconditionally to its rules and bylaws and claim knowledge thereof.
Propertyshelf reserves the right to revoke any membership without recourse if all other forms of mediation have proven ineffective in deterring predatory behavior between members.