The MLS BCS has established the Center of Mediation and Arbitration of BCS, designed to resolve real estate disputes more e=iciently outside the traditional judicial system. The center works in coordination with partners in Jalisco and is already handling its first case, involving a dispute over frozen earnest money held in escrow after a failed real estate transaction.
The process begins with mediation, where the involved parties attempt to reach a voluntary agreement. If one party refuses to participate or no
resolution is achieved, the case automatically proceeds to arbitration, where an arbiter can issue a binding decision. For example, in disputes involving escrow deposits, arbitration can determine whether funds should be released to the seller or distributed according to contractual obligations.
The initiative relies on mediation and arbitration clauses now included in standard listing agreements, purchase o=ers, and escrow contracts. These clauses ensure that all parties agree in advance to resolve disputes through this system.
The center is currently recruiting additional licensed mediators, encouraging experienced real estate professionals to obtain certification and participate in the process. The goal is to strengthen dispute resolution within the industry, protect clients, and create a faster, more reliable framework for handling conflicts.