Thursday, December 31, 2009

Mediation Private, Confidential, Flexable , Informal

Mediation is private and confidential, flexible and informal.

Typically, it is concluded expeditiously at moderate
cost. The subject matter can be complex or simple, the
stakes large or small, the number of parties few or many.

The process typically is far less adversarial than litigation
or arbitration, and therefore less disruptive of business
relationships.

Since other options are not foreclosed if
mediation should fail, entering into a mediation process
presents few risks.

Frequently cited advantages of mediation include:

• Substantial cost savings
• Promptness of resolution
• Creative, business-driven solutions
• Control over the outcome
• Preservation of business relationships
• Privacy and confidentiality



Jim W Hildreth-Mediator
(510) 647-3600
www.RealEstateMediation.org

Breaking Up is a Challenge.

Breaking up can be a challenge for any couple. married or not.

What to do with jointly held real estate, the challenges of having different equities.

Who makes the payments? What if one of the parties stops paying the mortgage.

How does negative credit impact future borrowing to start over.

Who keeps the animals. Who pays for feed and veterinary care?

What happens if a partner has lack of funds to buy the other partner out.

Each of these conflicts can be apart of making a transition.

Each of these conflicts may occur in a breakup and as a mediator need to be
discussed to bring about resolve.

Mediation with a neutral who is trained and skilled can open doors in these phase of life issues.

Trust, honesty and listening skills and knowledge of real estate are ingredients
for successful dispute resolution when owning real estate jointly.

Mediation can play an important role vs litigation.

Jim W Hildreth is a Northern California mediator who's focus is disputes involving real estate.






Jim W Hildreth-Mediator
(510) 647-3600
www.RealEstateMediation.org

Tuesday, December 29, 2009

Mediation for Florida Foreclosures

12-29-2009

Mediation ordered for Florida foreclosures

Florida Superme Court order mediation in Foreclosures



Jim W Hildreth-Mediator
www.RealEstateMediation.org

Conference Call Sacramento

Yesterday I drove to Sacramento for a landlord-tenant mediation, the tenant did not show up, it was a four hour drive for me roundtrip.

On the wall of the Sacramento landlord was the following. "Life is all about how you handle Plan B"

Plan B is a conference call this morning.

The dispute will be resolved.

Jim W Hildreth Mediator
Real Estate Mediation Services.

Monday, December 28, 2009

Courthouse

Jim W Hildreth of Real Estate Mediation Services was appointed to the El Dorodo County Superior Court civil Alternative Dispute Resolution Panel ADR as a Mediator.

Hildreth's focus is disputes involving real estate.

Friday, December 25, 2009

Santa


Santa
Originally uploaded by JimHildreth
In 2009, as a Mediator apart of our job was viewing conflicts in various stages, many of those conflicts were resolved by listening to one another in a neutral setting.

Santa is a reminder of the joy of life, the sprit and kindness of the season.

As we approach 2010, Santa will be a reminder that peace is possible and in troubled times the spirit of Santa should guide each of us beyond this Christmas day of 2009.

Jim W Hildreth
Real Estate Mediation Services.

Saturday, December 19, 2009

Holiday Foreclosure Suspension

LENDERS TO HALT FORECLOSURE EVICTIONS OVER THE HOLIDAYS

Fannie Mae and Freddie Mac will suspend foreclosure evictions from December 19, 2009 through January 3, 2010. To help struggling families over the holidays, both owner-occupants and tenants living in properties foreclosed upon by Fannie Mae will not be evicted. Freddie Mac's suspension of evictions will be limited to properties up to four units.

In a similar move, Citigroup Inc. will suspend foreclosure sales and evictions for 30 days through January 17, 2010 for loans it owns. Citigroup's foreclosure moratorium, however, does not extend to loans it services on behalf of other investors. Given these developments, other lenders may follow suit, so check with the lender if appropriate.

Jim W Hildreth Mediatior

Yelp Reviews


Wednesday, December 16, 2009

Jim W Hildreth Mediator


Jim W Hildreth
Originally uploaded by JimHildreth
Jim W Hildreth of Real Estate Mediation Services http://www.RealEstateMediation.org has been asked to act as a "neutral" mediator on real estate that is co-owned in a partnership where there is non-communications between the parties.

Mediation can be effective in opening communication lines.

Arbitration Mediation Conciliation Center

Arbitration Mediation Conciliation Center

Jim W Hildreth-Mediator
www.RealEstateMediation.org

Monday, December 14, 2009

Nevada County Courthouse CA

Jim W Hildreth has applied to the Nevada County Superior Court for consideration for being a Mediator on the Civil Mediation Panel with a specialty towards real estate disputes.

Tuesday, December 8, 2009

Hilton Garden Inn Fairfield, CA

Jim W Hildreth Mediator is now offering Real Estate Mediation to Solano County. The local newspaper for real estate information is the Fairfield Daily Republic http://homes.dailyrepublic.com/
Real Estate Mediation Services can be reached via the local Fairfield real estate guide or http://www.RealEstateMediation.org
Hildreth's speciality is real estate dispues in a neutral setting.

Monday, December 7, 2009

Sunday, December 6, 2009

Superior Court Supports Community Mediation




December 6 2009

Sonora, CA, The Superior Court of California, County of Tuolumne, is closer to offering court community mediation.

Attorney-Mediator Edward Johnson of Mariposa outlined recently the formation of mediation as an alternative dispute resolution vs litigation.

The newly formed community mediation will offer training and a panel of mediators will be assembled for small claims and limited civil cases.

Mediation will be available to the general public and members of the bar.

Amador County Superior Court in Jackson, CA has had an active mediation program for over a year and has been highly successful in settlements vs ongoing litigation says court panel member Mediator Jim W Hildreth.

For additional information for the Tuolumne Superior Court program, contact Attorney Edward Johnson (559) 760-7659 e-mail edjohnson@sierrrtel.com

Thursday, December 3, 2009

Yodio - Happy Holidays 2009

Mediation


Mediation
Originally uploaded by JimHildreth
Often, just getting to the table will often be the first steps in resolving your dispute.

Jim W Hildreth, Real Estate Mediation Services, a "Neutral" whom you can trust and willing to listen.

http://www.RealEstateMediation.org

Jim W Hildreth Mediator


Jim W Hildreth
Originally uploaded by JimHildreth
Jim W Hildreth of Real Estate Mediation Services.
Offering Alternative Dispute Resolution with Real Estate Disputes, Mediation & Arbitration. Serving the San Francisco Bay Area, Central Valley & The Mother Lode. http://www.RealEstateMediation.org

Thursday, November 26, 2009

Alternative Dispute Resolution (Mediation)



Jim W Hildreth Mediator has 3 scheduled mediations the first week of
December.

A construction dispute, a banking dispute and a persoal injury dispute.

In each of these mediations the parties have agreed to Mediate prior
to a trial in Superior Courts.

Mediation offers an Alternative in Dispute Resolution.

Are you facing litigation?

Talk to your attorney about mediation.

Its confidential and it offers an alternative to expensive litigation.

Jim W Hildreth is a private mediator neutral serving the Bay Area, Central Valley & Mother Lode.

California Considers Foreclosure Mediation Program



Californians facing rising home loan payments or foreclosures could get some help from the state capital, where lawmakers are considering the creation of a mediation program similair to those adopted in more than a dozen other states. Nevada program is seeing success.

The program would allow borrowers at risk of loosing their homes to request a mediation process with the lender.

Assemblyman Pedro Nava, D-Santa Barbara is the author of the bill.

Jim W Hildreth of Real Estate Mediation Servies echos the disconnect between the banks and homeowners.

Monday, November 23, 2009

Friday, November 20, 2009

Mindfulness & Mediation


Mindfulness & Mediation
Originally uploaded by JimHildreth
Jim W Hildreth of Real Estate Mediation Services completed 1.5 hours of continued education on the topic of Mindfulness & Mediation. Being present in the mediation process.

The class was in Oakland, CA at the Alameda County Bar Association on 11-19-2009.

This topic will indeed make me a better mediator and with practice will improve all communications skills of active listening.

Wednesday, November 18, 2009

Foreclosure Home For Sale

Jim W Hildreth of Real Estate Mediation Services will partake in 3 hours of continuing education with the Alameda County Bar Association on Foreclosures, Loan Modifications and Bankruptcy.

Real Estate Mediation Services offers alternative dispute resolution in real estate disputes.

www.RealEstateMediation.org

Monday, November 16, 2009

St. Landry Catholic Church

ST. LOUIS | The St. Louis Archdiocese has released financial figures showing it spent $352,000 last fiscal year on payments to victims of predator priests — and more than twice that amount on lawyers.

Numbers released by the archdiocese Friday show more was paid in legal fees than to victims for five of the past 10 fiscal years

November 16 2009

Sunday, November 15, 2009

Appointment of Mediator

Jim W Hildreth Mediator was appointed to mediate a construction dispute in the Amador County Superior Court in Jackson CA.

The mediation will occur in early December 2009.

Both the Plaintiff and Defendant have agreed to Mediate their dispute, prior to a jury trial.

Best Time for Mediation?

Mediation is appropriate at any stage of conflict! It is never too late! Some parties use mediation proactively. For instance, if parties anticipate a problem arising in the near future, they may use mediation to facilitate a dialogue and agree ahead of time as to how that problem will be handled. Other parties insert mediation clauses into their agreement, providing for the mediation of future conflicts.

As an example all contracts with the California Association of Realtors, call out for Mediation in a Dispute.

Buyer- seller and landlord-tenant contracts.

Most often, parties contact a mediator when they recognize a conflict has arisen and is not going to go away.

Mediation often starts as a gateway from a law office.

There is very little to lose in doing so, and so much to gain.

Repeatedly, parties surprise one another and, even in the midst of litigation, engage in mediation to a successful agreement.

Jim W Hildreth of Real Estate Mediation Services, schedules Mediations 6 days per week and Saturday or eveing hours are designed for the convenience of the disputants.

Often partners or working couples find it difficult to take a half day off during the work week.

Mediation is appropriate and any time.

Saturday, November 14, 2009

Outcome of a Mediation

Who determines the outcome of a Mediation? The parties determine their own solutions. The disputants are able to communicate directly with one another and to gain understandings.

The parties often no more about the dispute and are empowered to arrive at their own solutions.

Tuesday, November 10, 2009

Merced, CA Courthouse


Merced, CA
Originally uploaded by JimHildreth
The real estate dispute involved water intrusion and mold between buyer and sellers of this Caifornia home. California (CAR) contracts call out for mediation in a dispute.

A written settlment occured in Mediation with Jim W Hildreth of Real Estate Mediation Services.

Dispute on the Beach


Dispute
Originally uploaded by Dawn Endico
Conducting today a dispute over real estate between Buyers and Sellers. Mediation can work if the parties are willing to listen and compromise by mutual concessions. Jim W Hildreth Real Estate Mediation Services

Saturday, November 7, 2009

Litigation


litigation-pr-tag_45
Originally uploaded by vh_
Real Estate Mediation Services

Resolve Your Dispute vs Litigation

Jim W Hildreth is an experienced California Mediator who's
specilaity is real estate disputes.

Wednesday, November 4, 2009

Tuolumne County Courthouse

11/04/09 Sonora, CA As a Mediator, I often visit courthouses, today is my day to serve on Jury Duty. I consider it a honor. Jim W Hildreth

Tuesday, November 3, 2009

"Woodfall's Law of Landlord and Tenant"

The California tenant is served with a notice of eviction. Landlord and tenant agree to mediation, the dispute is resolved in medition, thus saving cost, time and expense in the legal system. The dispute was settled by Jim W Hildreth of Real Estate Mediation Services.

Saturday, October 31, 2009

Philadelphia Gay Men's Chorus

Jim W Hildreth of Real Estate Mediation Services completed 2 hours of continued education in doing mediations with the Gay and Lesbian Community in Oakland CA on 10/31/2009.

Mediator Hildreth has completed multiple real estate mediations involving real estate disputes with success.

Friday, October 30, 2009

Real Estate Dispute


Real Estate Dispute
Originally uploaded by hjhipster
Having a Real Estate Dispute? Real Estate Mediation Services of Jim W Hildreth Mediator acts as a neutral in resolving real estate conflicts. Non-Disclosure, partnerships, buyer seller, probate, elder-mediation. Serving the California Bay Area, Central Valley & Mother Lode.

Sunday, October 25, 2009

Elder Mediation

Conflicts involving older adults can be a complex mix of legal, phsychological
and spirtual issues. Elder Mediation is often multi-issue, multi-parties
and multi-generational.


The Arnold resident makes the transition from a ranch house with acreage
and a home filled with memories, the loss of his wife and a move to Sonora,
closer to medical needs and less snow.


The long term Bay Area residents move to Sonora, following their long time
dreams of a countryhome and the "Golden Years" only to be faced with mounting medical
issues, a death of a spouse and being served a pre-foreclosure notice.
At age 85 this World War Veteran feels shame and confusion.


Mom lives in Columbia and is comfortable in her single wide mobile, she is served
locally with Meals on Wheels. She needs assistance in her daily living needs, her son lives in Southern California and has been laid off, making it difficult to assist and visit his mother.

Toulumne County and Sonora have many support systems in place for our seniors however many
mediation partisipants come to a mediation with limited knowledge of the resources available.

Elder Mediation allows a "Neutral" to address concerns of medical, nutrition, safety and day to day needs of paying bills, transportation, social security, the pain and depression of loss of a loveone.


In one recent Sonora conflict, the accusation of sexual harrasment and in multiple other disputes was missing funds from a care giver.

Today it is common to see real estate disputes, such a Foreclosure, Short Sales, Loan Modifications, Landlord-Tenant Disputes and Homeowner Associations
conflicts.



Mediation is a way for people in conflict to talk together, with the help of an impartial third party.

Mediation is voluntary and confidential.

The many benefits of Mediation may include:

Mediation increased the role of older adults in the decisions that impact their quality of life.

Mediation helps older adults experss their emotions, preferences and concerns
during decision making.

Improves understanding between older adults and the important people in their lives.

Provides an alternative to litigation.


Jim Hildreth is a Sonora, CA Mediator who serves as a Mediator on the Superior Court of Amador,Calaveras, Merced and Alameda Counties and conducts private Mediations.

John F Kennedy University

Jim W Hildreth Mediator completed 9 hours of continuing education on Elder Mediation on the California campus of John F kennedy University in Pleasant Hill.

Elder Mediation involves conflicts with Older Adults.

Wednesday, October 21, 2009

Alameda County Bar Association

Jim W Hildreth, Real Estate Mediator completed continuing education at the Alameda County Bar Association. The program was Arbitrating and Mediating Real Estate Disputes.

The class was taught by Attorney's Matthew Webb, Jeffery Allen & Marge Gibson experts in real estate & business law and Alternative Dispute Resolution ADR.

Wednesday, October 14, 2009

Mold & Water Seepage Mediation


Mold
Originally uploaded by JimHildreth
As a Mediator who's specialty is real estate disputes, the following photo reflects why the buyer has entered into mediation with the seller. The dispute is of non-disclosure. The challenge is to resolve this dispute, prior to arbitration for this California Home.

Jim W Hildreth Real Estate Mediation Services.

Wednesday, October 7, 2009

Real Estate Dispute


Sugg House
Originally uploaded by JimHildreth
Buyers purchase an older home as first time Buyers, buyers washes off the front porch and discovers the basement is leaking. Contractor suggest a French Drain, the skylight is leaking. Buyers accuse Sellers of non-disclosure. Litigation? $20,000 in damages. Jim W Hildreth Mediator of Real Estate Mediation Services is requested to act as a neutral in this fresh real estate dispute.

Sunday, October 4, 2009

Landlord Tenant Dispute in California

The California Landlord had a dispute with his tenant over a guest of the tenant who was arrested for drugs on site.

The landlord served the tenant with an eviction as ownership has a zero tolerance for drugs.

Voluntary Mediation brought about a solution, where the tenant could be heard with a neutral mediator thus saving time and cost of litigation.

Jim W Hildreth of Real Estate Mediation Services was the mediator.

Business Partnership Dispute












What happens when a new partnership reverts to physical blows and a restraining order?


JimW Hildreth Mediator was referred by an Attorney who thought mediation could be helpful in a partnership that was in a major dispute and had reverted to physical fighting.

The mediation occured and the "Neutral" was able to guide the partnership in viewing the big picture of preserving relationships and the value of the business.

In addition options were planted for a future buyout.

The 3 hour mediation gave the dispute freah air and the partnership is now working under the same roof with common goals and direction.

The Attorney was wise in his advise and realized the importance of Alternative Dispute Resolution vs litigation.



Jim W Hildreth-Mediator
www.RealEstateMediation.org

Colusa County Courthouse

Jim W Hildreth Mediator who's specialty is real estate disputes recently took two continuing education classes at the Alameda County Bar Association in Oakland, CA. Mediation: Advoiding common pitfalls and ensuring best practices and civility matters.
Hildreth's mediation practice covers the San Francisco Bay Area, Central Valley & Mother Lode.

Friday, August 28, 2009

Educators Alameda County Bar Association


Educators
Originally uploaded by JimHildreth
Jim W Hildreth Mediator completed continued education at the Alameda County Bar Association on the topic of Mandatory Fee Arbitration, the Attorney instructors were Judith Cohen & Michael Fish.

Tuesday, August 25, 2009

Personal Injury Mediation

Today I put on my mediation hat as I had been appointed by the Amador County Superior Court as a Mediator.

What was different, is that it was not a real estate case. I do speak real estate.

It was a personal injury case, where the plaintiff had been hit head on in a auto accident in Amador County in 2005.

The case involved major injuries.

When I went into the mediation the two sides were at two extremes.

I prepared and recieved sound advise from a retired judge in the mediation process.

After 2.5 hours we are now $10,000 apart from a settlement.

We will regroup for a 2nd mediation in October.

I'm confident that we will reach a settment prior to a 2010 trial.

What worked were the parties themselves, including the victim, the attorneys.

If and when settlement occurs, Alternative Dispute Resolution (ADR) worked vs litigation.

Many courts are adopting alternatives in the litigation process.

Today, I gained a valuable education, experience and once again saw first hand the value of mediation vs litigation in the judicial process that is both time consuming, expensive and with the outcome having many unkowns.

Presently I serve on 4 Superior Courts as a Mediator, Amador, Calaveras, Merced & Alameda and conduct private mediation with real property being my main focus.

Jim W Hildreth Mediator

Thursday, July 30, 2009

Bay Area Mediators


Bay Area Mediators
Originally uploaded by JimHildreth
Jim W Hildreth of Real Estate Mediation Services participated in continuing education with the topic. The Four Essentials to a High Quality Mediation" at the Alameda County Bar Association.

Thursday, July 16, 2009

Mining Property Dispute Mediation


Mining Property
Originally uploaded by JimHildreth
Jim W Hildreth mediated a dispute involving mining easements. He started the mediation with a positive attitude that this case can be resolved through mediation. He was a good listener while allowing both sides to briefly state their case and monitored the peaceful exchange bewtween the parties. The parties arrived at a perameter of a settlement at the first meeting and adjourned to look at the easement in the field. After the plaintiff saw the actual width and terrain of the easement the parties were able to settle the issues. Jim also did some investigative research that help determine the width of the road. This is the second mediation with Jim W Hildreth and will use him again. Guy Reynolds, Lawyer

Wednesday, July 15, 2009

Remote Acreage Mediation


Remote Acreage
Originally uploaded by JimHildreth
Settled today a Mediation for the Amador County Superior Court, on a landlocked acreage parcel. Mediation brought about a satisfactory settlement among all parties prior to trial. Worked with two great professional attorneys and their clients. Start to finish 4.5 hours. Jim W Hildreth Mediator, Real Estate Mediation Services.

Sunday, May 31, 2009

Testimonials About Jim W Hildreth Mediator

"I was immediately impressed with Jim's communication abilities, from my first conversation with him. I have conducted hundreds of mediations on behalf of litigants in my 18-year career as a lawyer. I must say that Mr. Jim W. Hildreth was one of the best mediators with whom I have ever had the pleasure of working. The reason is simple: his knowledge of real estate is undeniable, he applies common sense to the negotiation process and he knows how to encourage the parties to find common ground. I will definitely use him again." Wallace C Doolittle Attorney for Plaintiff

Thursday, May 28, 2009

Alameda County Courthouse Mediation

"I was initially reluctant to agree to have Jim W Hildreth to act as the mediator in the real estate broker's breach of fiduciary duties lawsuit in which I was counsel for the defendant real estate agent. I was quickly disabused of my reluctance and viewpoint. Jim was extremely knowledgeable and thoughtful and competent. With his wealth of experience as a real estate agent and broker, Jim was able to focus on the minutae of details and facts, which in turn provided insight to my client, to assist him in settling the lawsuit.

I would not hesitate to hire Jim to act as the mediator in a similar dispute. He was excellent and skilled."
Alec E. Adams, Attorney

Wednesday, May 27, 2009

Vintage Realty


Vintage Realty
Originally uploaded by JimHildreth
Jim W Hildreth of Real Estate Mediation Services was the guest speaker of Vintage Realty on May 26 2009.

The topic was Alternative Dispute Resolution ADR and Mediations in real estate disputes vs litigation.

The professional real estate brokerage shared the topic of mediation and the types of litigation that is occuring such as non-disclosure and easement issues with land parcels as a part of education to the Angels Camp brokerage.

Thursday, May 21, 2009

Realty World Wilson Agents

Jim W Hildreth of Real Estate Mediation Services was the guest speaker who's topic was Real Estate Mediations. In attendance was George Popovich & Sue Fontana seasoned agents.