Arbitration Facilities of an association of REALTORS may be invoked by a non-member participant in the multiple listing service, who can also be compelled to arbitrate using the association’s facilities.  

In the event the Participant respondent fails or refuses to sign the Response and Agreement Form (Part Thirteen, Form #A-4), fails or refuses to make the required deposit, or fails or refuses to take part in the arbitration hearing, the arbitration hearing may be scheduled and conducted in the absence of the Participant respondent.  

NOTE: Arbitration in the absence of a respondent may take place only where permitted by state statute or case law. In such instances, the Board should ensure that all preliminary procedural steps, including the provision of adequate prior notice, are complied with. In the event a respondent fails to appear, it is strongly recommended that an attempt be made to determine whether the failure to appear is because of the respondent’s refusal to arbitrate or due to unforeseen circumstances. (NAR, Revised 11/91)  

Where arbitration takes place in a respondent’s absence, the respondent is still entitled to be represented by legal counsel. Counsel may make opening and closing statements; call witnesses; cross-examine witnesses called by other parties; and introduce affidavits, documents, and other admissible relevant evidence. Counsel may not testify to events and facts of which counsel has no firsthand knowledge. Hearing Panels should be instructed by the Chair that counsel’s arguments do not constitute testimony. (NAR, Adopted 11/98)