Happy Holidays & Merry Christmas 2011
Saturday, December 17, 2011
Mediators and mediation services can be located by looking in the local telephone directory (e.g., under "Mediation," "Arbitration," or "Dispute Resolution"), by contacting government agencies such as the California Department of Consumer Affairs, or by asking an attorney or a local bar association (association for attorneys) for referrals. In addition, many mediation providers maintain Internet websites.
While mediation is highly successful, in the event mediation does not resolve a dispute, the parties are free to pursue any other system of dispute resolution available to them. For example, if the parties entered into an arbitration agreement, they could pursue arbitration. In the absence of an arbitration agreement, the parties would likely have to resort to litigation.
It should be noted that even if mediation does not resolve the dispute, it is still an effective way of narrowing areas of dispute, allowing the parties to express their feelings, and enabling future proceedings to be more efficient and focused.
Monday, November 28, 2011
We specialize in real estate disputes in Northern California, serving the San Francisco
Bay Area, Central Valley & Mother Lode.
Questions about the mediation process, give us a call, will be happy to answer
any and all questions.
Jim W Hildreth-Mediator
Real Estate Mediation Services
(209) 988-3905 or (510) 647-3600
Tuesday, October 25, 2011
I will be attending as a Real Estate Mediator. New Developments in Landlord-Tenant Law Jim W Hildreth #Mediator
Location: Alameda County Bar Association, Suite 200, 70 Washington Street, Oakland.
Description: Landlord-tenant law is constantly changing. This program will discuss new cases and statutes dealing with eviction procedure, wrongful eviction lawsuits, rent control, tort liability, and other issues. The panelists – experts with long experience handling landlord-tenant cases – will emphasize the practical effects of these new developments on clients and practitioners. Robert DeVries, Esq., who has represented both landlords and tenants for many years, will join Professor Moskovitz on the panel.
Sunday, August 7, 2011
Saturday, July 16, 2011
Jim W Hildreth Mediator has been selected to mediate a real estate dispute between a landlord and tenant in the city of Angels Camp in Calaveras County. The dispute involves lease terms on a commercial building. Hildreth's focus is disputes involving California Real Estate.
Sunday, July 3, 2011
Dear Judge Boscoe
Thank you assigning Jim W Hildreth as our mediator. Without his help we
would have never resolved the case.
Jim was very patient with the defendant and extremely conscientious and attentive to me as the plaintiff.
Mediation saved me money and the need for a trial.
What ever your paying Jim Hildreth is not nearly enough. His help was remarkable and irreplaceble.
Plaintiff ED Santa Cruz
Tuesday, June 28, 2011
I have worked for months on a dispute involving co-owners of a property. The mediation brought about many changes and today we reached a settlement agreement and mutual release in mediation. It was a pleasure working with all sides, including Attorney David Hamerslough of San Jose.
Monday, June 13, 2011
C.A.R. will release a revised standard form Independent Contractor Agreement (Form ICA) through zipForm® on or about June 15, 2011. As between brokers and their salespersons and broker associates, the ICA will now mandate mediation for any disputes that may arise and, if mediation fails, the ICA recommends, but does not require, arbitration at the local Association of REALTORS® (AOR). C.A.R. revised the ICA because a previous version requiring arbitration of disputes at the AOR, absent more, was recently deemed unenforceable in the Fourth District as discussed below (Wherry v. Award, Inc. (2011) 192 Cal.App.4th 1242, 123 Cal. Rptr.3d 1, review denied (April 27, 2011)). This case does not impact the overwhelming majority of arbitrations which are those between REALTORS® of different firms. It also does not impact the arbitration clause in the C.A.R. Residential Purchase Agreement, Residential Listing Agreement, and other C.A.R. forms.
Friday, June 3, 2011
The two men stared and would not look at one another, the court called out their names. They both responded with a yes and what caught my eye as the court appointed mediator, is they shared the last name.
The crowded court room was silent and the voice of the judge said the landlord tenant would be going to mediation and if it did not work out a trial would be that day.
I was assigned that mediation, and I asked the silent men to follow me to the jury assembly room.
I introduced myself and asked if the were related?.
The response in a muffled tones were they we were father and son.
Father had previously evicted his son and received a judgment from another judge, today was trial for damages for the maximum allowed in a California Small Claims of $7,500
The father and son each told a story, demanding of money and the other willing to go to trial.
Something told me there were issues deeper than the demand of $7,500.
I suggested that I would like to share time with each of them and their our conversation's would be confidential.
As time passed, the landlord tenant issue was only the tip of the iceberg, and issues of anger, resentment, trust, control, love, the introduction and desire to see for the first time a grandchild by a grandfather surfaced.
Memories of camping and fishing trips in years past. A failed marriage.
The father burst out with tears flowing, that it was not about the money, but wanting a son to be in his life, as he loved him.
He wanted only a telephone call, a birthday card and a dream of seeing a grandchild.
I took a deep breath and my own tears began to flow, the 2nd time in my 5 year mediation career.
The son wanted to trusted and not be controlled. He wanted his independence.
Both new that family was important but neither side would budge.
Little by little, as the neutral, I began a process of building trust and offering empathy.
I took a risk and as the mediator I rose from my chair and asked them to hold my hand and offered that at that moment it was a time to start the healing process, I then asked them to shake and touch each others hand with a handshake.
The two joined, hand to hand, father to son, son to father.
In the mediation the father dropped his lawsuit and the written agreement between one another was stated , "Father and Son have begun a healing process to preserve a family relationship".
Upon return to the court, the judge reached out to both father and son and accepted the settlement, knowing that new beginnings were made possible and family unity had the greater value than a judgment.
As a the mediator, my own tears flowed with the emotion of a family dispute that went deeper and beyond a landlord tenant dispute.
I am glad that I played a role as a mediator in being apart of bringing a family together.
Mediation is a valued alternative to litigation.
Jim W Hildreth is a California based mediator who's focus is Real Estate Disputes.
Saturday, May 28, 2011
What were homeowners thinking ? Homeowner Assoc/Homeowner have a dispute involving violations of CCR's. Mediation brings about settlement waiving attorney fee's, if homeowner agrees to a 30, 60, 90
Monday, May 16, 2011
Cost effective mediation may be the answer for resolve.
Cost Saving, Confidential and experienced in Real Estate.
Wednesday, May 11, 2011
Mediation: a viable alternative
Rather than immediately resorting to the costly and adversarial process of arbitration or litigation, in recent years the trend in real estate sales transactions indicates disputants favor the use of mediation. [For more information regarding mediation, see the August 2008 first tuesday article, Mediation: best, faster dispute resolution.]
Litigation is, at its heart, a deeply adversarial process which ends with a spurned “loser” who can then move on to draw out the dispute in a time-consuming and costly appeals process. Arbitration is also an adversarial process that functions similarly, shunting the disputants into “winner” and “loser” roles with feet set in concrete.
Only with mediation’s familiar arena of offer and counteroffer between the feuding parties in a face-to-face environment, as nurtured by the mediator, do disputants have the ability to come to a mutually crafted and agreed-to solution — the main advantage mediation has over actions in litigation or arbitration where one party wins and one loses (or both lose).
The extremely low cost of mediation, in terms of time and money, has been deemed another major benefit of the process. Consider as part of the cost the time involved in mediation versus the time involved in litigation or arbitration. Litigation can be drawn out for years with various pre-trial, discovery and appeals processes, all while attorneys’ billable hours soar. Arbitration may also last years and, in addition to contracted-for payment of the winner’s attorney fees, the loser is responsible for paying the arbitrator’s costs and fees.
However, mediation is typically a quick process lasting a few hours over a period of a few weeks, depending on the number of disputants and the complexity of the dispute. There are no lengthy waits for court hearings and no need for discovery or witnesses since the resolution is in the hands of the disputants themselves, again as encouraged and moved along by the mediator.
In addition to these benefits, the use of mediation also provides a solution to a dispute without adding or falling subject to the backlog of cases burdening the legal system.
Mediation does have its limits. In real estate matters, mediation is limited to resolving disputes involving buyers and sellers. Landlord-tenant disputes and trust deed defaults are largely based on very specific statutory requirements for performance which are either satisfied or unsatisfied, leaving little room for discussion. Mediation is a tool best used by disputants in sales of property and agency disputes.
In pursuit of justice
If mediation is not possible, disputants seeking a fair and final decision need to prepare for their only real option: litigation. There is no rational reason to risk an arbitrator making an erroneous decision barred from judicial review when a sound judgment held accountable under the law can be obtained for about the same cost and in nearly the same amount of time.
The responsibility of educating buyers and sellers of real estate about the toxicity of arbitration rests on the shoulders of their agents and brokers, who must advise their client on the consequences of initialing the provision and triggering its enforceability. Brokers who require their agents to use the trade union’s purchase agreement must make a point of providing their client with the full extent of their knowledge regarding the risks of arbitration.
Aside from the multitude of arguments against arbitration, one simple fact prevails: rather than expeditiously resolving disputes, arbitration creates disputes. Consider this axiom of business conduct: if an aspect of real estate sales transactions is known to create disputes, especially when that aspect was designed to limit them, it must be avoided.
Future homebuyers can be shepherded past the snare of arbitration by the gatekeepers of real estate who fully understand the danger of initialing and thus agreeing to the binding provision. As the devastating wounds of the Great Recession begin to heal in this plateau recovery and the California real estate market arms itself to abide by broader consumer protection laws, homebuyers will soon resent any failure to disclose the risks involved in arbitration. [For more information regarding the new real estate paradigm, see the May 2010 first tuesday article, Looking through the window towards recovery: a real estate paradigm shift — Part I and Part II.]Email (required but will not be published)
Monday, May 9, 2011
Faro Caudill drawing water from his well, Pie Town, New Mexico (LOC), a photo by The Library of Congress on Flickr.
Requested today to do a water well dispute mediation in Amador County, Jackson CA between buyer & seller over a non-disclosure issue.
Thursday, April 21, 2011
Court and parties agree to mediation and Jim W Hildreth mediator is assigned the case.
Within 2-hours the parties are allowed to speak freely and a settlement occurs.
The human emotion goes beyond just plain real estate and the parties can often resolve issues with a neutral party if willing.
Hildreth has offices both in Oakland and Sonora, CA
Tuesday, April 5, 2011
Friday, April 1, 2011
San Francisco Bay Area, Central Valley & Mother Lode.
Friday, March 25, 2011
After reading the case Commissioner Kim Knowles suggested that mediation could play a role.
The pain and anger was very clear and I applaud the judge for giving mediation a chance where the family members were encouraged to open and share feeling that were often raw in emotions.
I applaud the court for going the extra mile and being sensitive. I applaud the court of the support and value of family.
The mediation did occur and settlement .. Perhaps the mediation planted seeds for future embracing and dialog.
Family unity and bonding is good for a community.
Sunday, March 20, 2011
A Sonora California dispute has ended up in the courts over 2 neighbor adjoining parcels of who may or may not have a easement.
Litigation has been ongoing, surveyors have been called. The dispute has bee costly for all sides.
The Superior Court, County of Tuolumne has suggested mediation and all sides have agreed to voluntary mediation with Jim W Hildreth Mediator of Real Estate Mediation Services.
Mediation will allow the parties to openly discuss in a neutral setting their individual conflicts and the goal will be to come to some terms of settlement for access.
Saturday, March 19, 2011
Jim W Hildreth Mediator offers Real Estate Mediation Services to residents of Alameda County.
Detailed information about mediation is available.
Offices of Jim W Hildreth Mediator
Real Estate Mediation Services
Saturday, March 12, 2011
Saturday, March 5, 2011
The breach of contract wit ha real estate dispute festered for over 5 years.
The parties made the decision to try Alternative Dispute Resolution, vs ongoing litigation.
The confidential mediation in San Andreas allowed the parties to speak freely and craft a settlement.
Jim W Hildreth of Real Estate Mediation Services http://www.RealEstateMediation.org was the chosen Mediator and acted as a neutral for both parties.
Monday, February 21, 2011
Alternative Dispute Resolution vs Litigation.
Real Estate Mediation Services of Jim W Hildreth
Sunday, February 20, 2011
Hildreth's focus are disputes in involving real estate issues, however in court, mediation can be any type of civil dispute or conflict.
The mediation program in Tuolumne County has a 75% settlement rate between the parties.
The court fully endorses ADR Alternative Dispute Resolution.
Friday, February 18, 2011
Hildreth, is a Mediator with Real Estate Mediation Services and he serves Alameda County and the City of Oakland as a neutral in offering Alternative Dispute Resolution.
Saturday, February 12, 2011
The court suggested that mediation play a role vs on going litigation.
Hildreth looks forward in working with both the homeowner and the association for resolve.
Jim W Hildreth serves on the Real Estate Section on the executive committee. As a mediator his focus are disputes involving real estate.
Wednesday, February 9, 2011
The California real estate contract called out for mediation as to Alternative Dispute Resolution.
The dispute was resolved in mediation and the mediator was Jim W Hildreth of Real Estate Mediation Services.
Friday, January 21, 2011
Settled in 4.5 hours. A Partnership and Real Estate Dispute. In litigation for 4 years. Nearly $100,000 in Attorney fee's.
Mediation does work.
Plaintiff said they should have gone to mediation 4 years ago
Jim W Hildreth of Real Estate Mediation Services was one of the two mediators who acted as a team of "neutrals". Mediators.
Wednesday, January 19, 2011
Rather than drive from Sonora to Oakland, I drove to Modesto and hopped on Amtrak.
The train was clean, efficient and what a bargain $19.00 each way and if I had made the reservation 3 day's in advance, I would have received a AAA discount of 10%.
I was able to pull out the laptop, with fresh cup off coffee, purchased in the dining car, read a morning paper and before I knew it, I was in Oakland.
Talk about "green" living.
The San Joaquin Amtrak Line runs from Oakland on the North side to Bakersfield on the South.
I arrived at my meeting fresh, completed multiple reports and the scenery of migratory bird life made my trip a real pleasure.
Jim W Hildreth is a mediator who calls Sonora, Ca home, however he does real estate mediation's in the San Francisco Bay Area and Central Valley.
Saturday, January 15, 2011
The mediation will include all options that will allow the co-owner to continue the residency, while meeting the needs of the other co-owner.
Mediation may allow the parties to settle differences and thus avoiding further litigation..
Hildreth mediates real estate disputes in Northern California and covers the San Francisco Bay Area, Central Valley and Gold Country.
He can be reached his website at http://www.RealEstateMediation.org
Friday, January 14, 2011
A recent mediation was with couple who had completed a breakup over a year ago.
The dispute was over the division of personal property acquired with their relationship together over 10 years.
For both, a dog they both loved was important to both. In addition personal property that had memories.
The couple turned to the court, and the court suggested mediation for potential resolution.
3.5 hours of mediation with a pair of trained neutrals, assisted the transition with a written agreement among the disputants.
Mediation does work, and can be effective in partnership disputes.