Thursday, January 31, 2019

How do I begin the Mediation process?

Listen to the newest episode of my podcast, Jim W Hildreth Real Estate Mediator: How do I begin the Mediation process?

Friday, January 18, 2019

Tuesday, January 8, 2019

Claim Jumpers Gold Mining

Many of us have visited Columbia State Park, or visited the Gold Country and have the historical knowledge of the Gold Rush and those who sought Gold, and know the Old Saying is a there is Gold in Them Hills. “Eureka”
Mining Camps were established from Nevada City to Mariposa and beyond. Placerville, Angels Camp, Columbia, Sonora grew overnight.
Dozens of men entered the Tuolumne County Superior Court in Sonora, without picks and shovels many with heavy leather boots, flowing beards and they wanted Justice
It seems these modern day minors were there to support their fellow miners in the injustice of a Modern Day Claim Jump
The two groups were equally divided and the Superior Court was wise’in sending this to Mediation.
Each group chose a spokesperson and there were a Plaintiff and Defendant.
The large group settled in on the 2nd floor of the Historic Court House
In Mediation each claimed they had the right to mine the Jack Ass Hill Acreage.
Each claimed they had the “Golden Ticket” issued by the Government to make claim and enrich themselves.
The Claim Jump was a first for the Mediator and in the end, after time and effort, the miners thought it would be best to send it back to the court for a decision by the Judge.
So each side will present evidence for the court to review and a decision will be made on the facts.
In the 1800's a different course would have developed among those miners and today the value of Laws and a Judicial System are in place.
As the Mediator, I enjoyed those men, the passion for Justice and I have a better understanding of the lure for Gold and Claim Jumping.

Jim W Hildreth-Mediator

Thursday, December 13, 2018

Settling Real Estate Disputes Long Distance via Mediation

I'm often asked if I travel beyond my home of Sonora for Real Estate Disputes.

On a regular basis, I travel to the San Francisco Bay Area, including San Jose, Oakland, Emeryville.

Upcoming is an Oakland Mediation, with the dispute being orginated in Sacramento.

I just completed Mediations in Vallejo and Auburn.

In 2018, I travelled to the Sacramento region 8 times.

Travels have taken me to the Northern part of California, Eureka and today was asked to mediate in  Redding.

I like travelling, as I have no conflicts of interest and I can wear my neutral hat. In other words, I know none of the parties or legal counsel.

Another alternative that expands my mediation circle is ODR  or Online Dispute Resolution, which I have done internationally and states beyond California.

My most long distance was a 3-way mediation from Sonora, San Jose & India, with a 12.5-time difference.

The online offers a cost-effective alternative and is especially valuable with claim adjusters or legal representatives.

The fee's that we offer for long distance are reasonable and cost-effective, compared to Arbitration or litigation.

More information on Mediation and services is offered at

Real Estate Mediation Services

Jim W Hildreth-Mediator

Monday, December 10, 2018

Marijuana (Cannabis) Issues for the California Landlord

Does, Proposition 64 allow tenants to smoke marijuana in a rental property?

No, a lease agreement may have a "No Smoking" clause that prohibits smoking
of any substance, including tobacco and marijuana.

Proposition 64 specifically provides that landlords may prohibit
or restrict marijuana use on their property.

Jim W Hildreth Mediator
Real Estate Mediation Services

Thursday, December 6, 2018

California Landlord & Tenant Rights


In California, every Landlord and Tenant have rights and responsibilities, and often we see in small claims court what goes wrong when claims are made on those Rights and Responsibilities

01. Leases and Rental Agreements
02, Security Deposits
03. Issues over maintenance & repairs.
04. 3-30-60-90- day notices.

Understanding those rights and responsibilities is key to both the Landlord and Tenant.

In hundreds of cases that I have experienced as a Mediator, these conflicts on both sides would not have occurred if the parties more fully informed about Landlord Tenant Law.

A good understanding and foundation for both the landlord and Tenant are the NOLO Series of books that are written in plain English.

Two of the books that I recommend are The California Landlord Law Book and the other California Tenant Rights,

These books can be purchased at your local bookstore, order online and are often available at your local law library.

Hint, Hint, Christmas is coming.

One dispute that comes up often is the condition of the rental unit. Damages such as torn carpet a broken appliance, window,

Before moving in complete a Move-In Inspection and when vacating a Move- Out Inspection.

Take the extra step and take photos. of your unit.  Easy with a cell phone.

Often what comes up is the question is what is reasonable wear and tear?

Knowledge of deposits is a must.

My landlord advice is that you are running a business.

As a tenant, you have rights of privacy and a rental that is safe, secure and habitable. Do you have working smoke and carbon monoxide detectors? Has the landlord given you the notice about Bed Bugs?

As a Landlord, there is a duty to know the law and as a tenant, there is a duty to pay your rent and abide by your tenancy agreement.

Many California Courts us Mediation as a required first step to settle differences.

In conclusion, know your rights and responsibilities.

Be a good landlord, be a good tenant.

Jim W Hildreth is a California Real Estate Mediator and Paralegal who's. focus are issues with Real Estate.

Real Estate Mediation Services