Real Estate Mediation, Real Estate Mediation Services

Happy Holidays

2011-12-22T07:28:00.001-08:00

12-20-2011 Historic Sonora Chamber Meeting, a photo by JimHildreth on Flickr.

Happy Holidays & Merry Christmas 2011

Real Estate Mediation Update 12-17-2011

2011-12-17T14:25:00.000-08:00

Real Estate Disputes come in all shapes and sizes.

The seller disclosed the basement leaked a half a inch and the realty is the basement fills to 4 feet in the winter.

The homeowner did not disclose that the septic system is on the neighbors property.

The landlord and tenant are fighting over the security deposit.

The neighbor thought they were doing their a neighbor a favor, after a winter storm and cut down the 60 foot Ponderosa Pine Tree while the neighbor was absent.

The business partners who run a 7 million dollar business and do not have a written partnership agreement.

The homeowner who does not disclose to the buyer, that the sewer backs up 3-4 times per year.

The real estate agent orders a well to be dug for a buyer, the property is in escrow and falls through.

The Buyer who places a deposit of $50,000 dollars into escrow, and cancels the purchase

after waiving all contingencies.

The realty is that most real estate transactions are completed with satisfied buyers and sellers and

there are options in California when a dispute arises.

In California most real estate transaction's, the local real estate community will use forms

from the California Association of Realtors and within that a written agreement is a provision for dispute resolution called Alternative Dispute Resolution or ADR.

In California its broken down to two components.

Mediation and Arbitration.

In recent years, our society has seen a dramatic increase in litigation. Turning to the courts to resolve disputes seems to be an almost instinctive reaction these days. However, the sobering reality is that lawsuits can be financially and emotionally draining for the participants, and can even impact our economy over the long-run. While buyers and sellers of real estate usually are able to negotiate away the little disputes that arise in the course of their transactions, sadly those disputes do sometimes end up in lawsuits.

Fortunately, there are alternatives to litigation for resolving disputes. Mediation is one such alternative that is growing rapidly in popularity--one that can dramatically reduce the time and cost (both emotional and financial) of resolving disputes. In fact, many real estate contracts, including those published by C.A.R., now require the parties to mediate many disputes that might arise between them.

Mediation is the first phase between the parties and Arbitration is a opt in our out, where the parties agree approve or deny.

Mediation is the term used to describe a relatively informal form of dispute resolution that occurs outside of the court system. In mediation, the parties to the dispute are assisted by a neutral third person called a mediator. The mediator is not empowered to impose a decision on the parties; instead the mediator facilitates discussions and negotiation between the parties with the goal of assisting them in reaching a mutually acceptable settlement of their dispute .

How is mediation different from other dispute resolution processes?

To understand how mediation is different from other dispute resolution processes, it is helpful to compare it against the various characteristics of the most common dispute resolution processes in use today: negotiation, litigation and arbitration.

Negotiation is simply the process whereby parties meet to discuss a settlement of their dispute. This can be done face-to-face or through authorized representatives, such as attorneys. Negotiation is usually done outside of the court system and does not have to follow or conform to any formal rules or procedures.

Litigation is an adversarial process whereby the parties submit evidence to a judge or jury and then rely on the judge or jury to make and impose a binding decision regarding the dispute. Litigation is governed by formal rules and procedures of court and generally is time consuming and expensive. Since it is adversarial, litigation is in effect a contest in which a winner and loser are selected.

Arbitration is similar to litigation in that it is an adversarial process whereby the parties submit evidence to a neutral third person (the arbitrator) who then renders a decision regarding the dispute. However, arbitration is usually private and not conducted in the surroundings, or under the formal rules and procedures, of courts. In order to compel another party to arbitrate a dispute, in most cases the parties must have previously entered into an agreement to arbitrate their disputes.

Mediation is different from litigation and arbitration in many respects. Perhaps the most significant difference is that mediation is a non-adversarial process. That is, the parties do not argue their positions and give decision-making power to a third party. Instead, the mediator's role is to assist the parties in achieving a mutually agreeable resolution of their dispute.

There is a exemption, that is a value to the local consumer, starting January 1^st 2012, the individual parties can turn to their local California Superior Court, Small Claims Division as long as the dispute does not exceed $10,000, previously is was $7,500.

This process is quicker, cost effective and timely.

In addition many small claims courts may have a panel of mediators available to act as a mediator or neutral.

As an example the Tuolumne County Superior Court has a active mediation panel for Alternative Dispute Resolution and has a settlement rate close to 90% of cases resolved in mediation.

Its best to review the individual programs, available with your individual local court.

This can be done with a quick phone call to the local County Clerk or checking the website

of the individual Superior Court under ADR.

How much does mediation cost and who pays for it?

The cost of mediation depends on a variety of factors. For example, many government agencies sponsor mediation programs for the public, which are available for free or at a nominal cost. However, there are numerous private mediators and mediation services that provide mediation to the public as well. The cost of private mediation can vary but typically includes an initial filing or processing fee plus an hourly fee for the mediator's services, both of which can vary depending on the mediator or mediation service. Parties contemplating mediation should compare mediation providers and their costs prior to selecting a mediation service. Usually the parties agree to divide mediation costs equally between them. This is the case if a California Association form is used.

As to the above example, of a Real Deposit Dispute of $50,000, a mediation can be cost effective vs litigation or a arbitration.

I have settled many disputes where each disputant paid less than $600 each to settle a complex case.

Where do I locate mediators and mediation services?

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.

http://www.Mediate.com/

http://www.ADRTimes. Com

Another way is to do a Google or Yahoo Search under Real Estate Mediation or Real Estate Mediator.

What if mediation does not resolve my dispute?

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.

Why Litigate when you can Mediate and today the consumer has other alternative in a real estate dispute

versus the cost and stress and litigation.

The author Jim W Hildreth is a California based mediator who is both a private and court appointed

certified mediator who's focus is real estate disputes.

http://www.RealEstateMediation.org/

2012 Mediations

2011-11-28T09:22:00.000-08:00

Jim W Hildreth Mediator is now scheduling 2012 mediation's

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

Alameda County Bar Association

2011-10-25T17:11:00.001-07:00

Alameda County Bar Association, a photo by JimHildreth on Flickr.

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.

Sonora, Ca Courthouse

2011-08-07T18:24:00.001-07:00

Sonora, Ca Courthouse, a photo by jaccie on Flickr.

The office of Jim W Hildreth Mediation

Via Flickr:
View of the top of old courthouse from our front yard in Sonora, Ca

Angels Theatre in Angels Camp, CA

2011-07-16T05:43:00.001-07:00

Angels Theatre in Angels Camp, CA, a photo by orngejuglr on Flickr.

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.

Testimonial Recieved June 29 2011

2011-07-03T15:26:00.000-07:00

06-29-2011

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

Tuolumne County Courthouse Mediation

2011-06-28T13:50:00.001-07:00

Tuolumne County Courthouse, a photo by JimHildreth on Flickr.

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.

Mediation Requirement C.A.R. Independent Contractors between Brokers/Agents

2011-06-13T10:33:00.000-07:00

C.A.R. INDEPENDENT CONTRACTOR AGREEMENT REVISED DUE TO RECENT COURT DECISION
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.

Tears fall at a Mediation

2011-06-03T20:29:00.000-07:00

The Historic Court House with marble floors and old fashioned wrought iron was the backdrop for a lawsuit that involved landlord & tenant.

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.

What was home owner thinking?

2011-05-28T14:49:00.000-07:00

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

plan for compliance. Home owner refuses to sign agreement, time has expired and Association gave home owner a carrot to comply waiving legal fees $20k+. Fee's now exceed $40k and homeowner association will now settle assuming homeowner can show compliance and legal fee's paid. Homeowner was pro-per. As the mediator, we reached a full settlement, the next step may be a costly trial that will exceed 100K.

Real Estate Deposit Dispute

2011-05-16T08:07:00.000-07:00

Are you aware with a client who is having a dispute over a real estate deposit?

Cost effective mediation may be the answer for resolve.

Cost Saving, Confidential and experienced in Real Estate.

Kindly

Jim W Hildreth Mediator

Real Estate Mediation Services

950 S Washington St

Sonora, CA. 95370

(209) 536-1103

248 Third St, Suite 614

Oakland, CA. 94607

(510) 647-3600

http://www.RealEstateMediation.org/

Advantages to Mediation

2011-05-11T08:29:00.000-07:00

Advantages to Mediation v Arbitration or Litigation From First Tuesday

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)

Faro Caudill drawing water from his well, Pie Town, New Mexico (LOC)

2011-05-09T17:46:00.001-07:00

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.

Neighbor Dispute

2011-04-21T19:39:00.000-07:00

Neighbor Dispute lands in Superior Court between Straight and Gay Community, threats, gay bashing.
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

Jack London & Tall Ships

2011-04-21T19:22:00.001-07:00

Jack London & Tall Ships, a photo by JimHildreth on Flickr.

Jim W Hildreth of Real Estate Mediation Services open Mediation office at Jack London Square in Oakland, CA 94607

Travels with my Camera 12-17-2010

2011-04-05T04:53:00.001-07:00

Travels with my Camera, a set on Flickr.

We had a long winter and these photo's reflect the holiday spirit found on a cold wet day in Sonora, CA. One cannot take away the human spirit of song and celebration.

Tuolumne County Superior Court

2011-04-01T13:38:00.001-07:00

10-10-10, a photo by JimHildreth on Flickr.

Real Estate Mediation Services Jim W Hildreth is dedicated to providing a cost-effective and efficient alternative to litigation.

San Francisco Bay Area, Central Valley & Mother Lode.

176 Bradford St Sonora, CA

2011-04-01T09:25:00.001-07:00

176 Bradford St, a photo by JimHildreth on Flickr.

Jim W Hildreth Sonora, CA Real Estate Brokerage has a Pending Sale on 176 Bradford Avenue. Hildreth has been marketing real estate in Sonora for 34 years.

He is a Sonora expert.

Tuolumne County Superior Court Sonora, CA 95370

2011-03-25T19:55:00.001-07:00

Sonora, CA 95370, a photo by JimHildreth on Flickr.

I was asked today by the Superior Court to mediate a family dispute between two family members.

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.

Acreage living Real Estate Dispute

2011-03-20T12:35:00.001-07:00

Acreage living a photo by Garry - www.visionandimagination.com on Flickr.

Sometimes rural neighbors fight over easements as to the allowance of ingress egress, who should close the gate.

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.

Alameda County Courthouse

2011-03-19T18:53:00.001-07:00

Alameda County Courthouse IMG_2259 a photo by OZinOH on Flickr.

Real Estate Dispute in Alameda County?

Jim W Hildreth Mediator offers Real Estate Mediation Services to residents of Alameda County.

Detailed information about mediation is available.

http://www.RealEstateMediation.org

Real Estate Dispute

2011-03-19T18:16:00.001-07:00

Housing a photo by james.thompson on Flickr.

California Real Estate Dispute? Seller-Buyer, real estate deposit dispute. Information about Mediation, Real Estate Mediation Services.

Offices of Jim W Hildreth Mediator
Real Estate Mediation Services
http://www.RealEstateMediation.org

Tuolumne County Superior Court

2011-03-12T08:26:00.001-08:00

Tuolumne County Superior Court a photo by JimHildreth on Flickr.

The California Supreme Court held that the mediation confidentiality statutes cover all communications before, during and shortly after a mediation, and that all such communications are not discoverable or admissible by reason of the statutes.

San Andreas Main Street

2011-03-05T09:39:00.001-08:00

San Andreas Main Street a photo by JimHildreth on Flickr.

Breach of Real Estate Contract Resolved in Mediation.

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.

Neighbors

2011-02-21T00:02:00.001-08:00

Neighbors
Originally uploaded by Uncle Phooey

Neighbor Dispute? Easement Dispute? Mediation can help.

Alternative Dispute Resolution vs Litigation.

Real Estate Mediation Services of Jim W Hildreth

http://www.RealEstateMediation.org

Tuolumne County Superior Court Sonora, CA 95370

2011-02-20T17:00:00.001-08:00

10-10-10
Originally uploaded by JimHildreth

Jim W Hildreth mediator has been asked to mediate civil disputes this week in the Tuolumne County Superior Court in Sonora, CA.

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.

Preservation Park Oakland, CA

2011-02-18T21:15:00.001-08:00

Preservation Park
Originally uploaded by JimHildreth

Jim W Hildreth Mediator completed continuing education in Oakland California on disputes involving fencing disputes with conflicting boundaries.

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.

Sunrise At The Lake, Groveland, CA

2011-02-12T18:49:00.001-08:00

Sunrise At The Lake
Originally uploaded by eileenbrosius

Pine Mountain Lake is in Groveland CA. The Tuolumne County Superior Court assigned Jim W Hildreth as mediator involving a dispute with the association and a homeowner.

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.

Alameda County Bar Association

2011-02-12T09:21:00.001-08:00

Alameda County Bar Association
Originally uploaded by JimHildreth

Jim W Hildreth recently took continuing education on Arbitration and Mediation from Attorney's Kelly Balamuth & Chris P Lavdiotis in Oakland, CA at the Alameda County Bar Association.

Jim W Hildreth serves on the Real Estate Section on the executive committee. As a mediator his focus are disputes involving real estate.

Court St, Jackson CA

2011-02-09T18:56:00.001-08:00

Court St, Jackson CA
Originally uploaded by JimHildreth

A Jackson California Real Estate Dispute occurred between buyer and seller over non-disclosure issues.
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.

Auburn CA Courthouse

2011-01-21T18:31:00.001-08:00

Auburn CA Courthouse
Originally uploaded by JimHildreth

Was involved in a dispute today, where the plaintiff was asking for One Million Dollars from the Defendant.
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.

Modesto Amtrak Station

2011-01-19T18:48:00.001-08:00

Modesto Amtrak Station
Originally uploaded by bravoinsd

Today I had a meeting at the Alameda County Bar Association that is located at Jack London Square in Oakland, CA.

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.

http://www.amtrak.com

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.

Jim W Hildreth Mediator

2011-01-15T02:36:00.001-08:00

Jim W Hildreth
Originally uploaded by JimHildreth

Jim W Hildreth Mediator has been assigned a real estate dispute in Sonora, CA by the Superior Court over a partition of a Tuolumne County home, that includes a breach of contract.

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

Tuolumne County Superior Court, Sonora, CA 95370

2011-01-14T08:48:00.001-08:00

Sonora, CA 95370
Originally uploaded by JimHildreth

As a mediator in disputes, we often see raw emotions displayed often with anger, resentment.

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.

JAMS Office San Francisco

2011-01-12T18:16:00.001-08:00

JAMS Office San Francisco
Originally uploaded by JimHildreth

Jim W Hildreth of Real Estate Mediation Services and Claudia Viera, Esq. at the pleasure of acting as Mediation Trainers for the San Francisco Community Boards on the Development of a Thriving Mediation Practice.

The event was Hosted by JAMS, the Resolution Experts.

Jim W Hildreth & Claudia Viera, Esq

2011-01-12T17:18:00.001-08:00

Jim W Hildreth & Claudia Viera
Originally uploaded by JimHildreth

Mediators Jim W Hildreth & Claudia Viera, Esq, acted as co-educators for Developing a Thriving Mediation Practice in San Francisco, CA on 01-11-2011.

The training was put on by the San Francisco Community Boards active in Conflict Resolution.

The class was taught to both the legal and private community in building a mediation practice.

Hildreth & Viera are both successful mediators in private practice in the San Francisco Bay Area

My Mediation Office

2011-01-07T08:41:00.001-08:00

My Mediation Office
Originally uploaded by JimHildreth

Yesterday I did a mediation, where the dispute involved neighbors and the shooting of a dog. The dog did survive and the dog owners did have anger, frustration,a large vet bill. The shooter felt his livestock was at threat.
The emotions were high, they lived next to each other.
The Superior Court was wise to suggest mediation vs a trial as a first step.
The parties were able with mediation to understand each others viewpoint and a settlement was reached, that will begin the healing process.
As the mediator, value was in the process.
Jim W Hildreth is a Northern California mediator who does both private and court ordered mediations.

Mummified Cat Mediation Sonora, CA

2010-12-31T14:51:00.001-08:00

Tuolumne County Superior Court
Originally uploaded by JimHildreth

In what has been dubbed Tuolumne County’s “most bizarre custody dispute,” a court battle over a mummified cat was resolved Thursday for $1 after months of contention and a trial of nearly four hours.

In the case of one-time tenant Christine Tuohy vs. former landlord Thomas Renkel, Court Commissioner Kim Knowles ruled in favor of Renkel regarding the custody of Bast, the cat that had fallen into posthumous fame.

Mediation proceedings, begun at 8:30 a.m. Thursday, had collapsed, putting ownership of the cat in Knowles’ lap.
The decision was meant to settle months of conflict over the corpse, which escalated to the point that Renkel called the Sonora Police Department to finger Tuohy for the dead cat’s theft.
Even with the question of ownership decided, however, Bast’s fate was still up in the air until a last minute mediation put it in the hands of a third party that, until then, hadn’t been involved in the case at all.
First, some background.
Bast, named by Tuohy after an Egyptian cat-god, tumbled into the future adversaries’ lives by accident in June 2008.
Tuohy was planning to move from Reno to Sonora and had made plans with Renkel to rent space in the historic Yo-semite House on North Washington Street, part of which was to be renovated before she moved in.
Renkel was investigating a burst pipe which had caused damage to part of the building. He directed a crew to cut away a piece of ceiling to expose another pipe he believed to be in danger of rupturing.
“We did not find a pipe,” Renkel said. “What we did find was the cat. It fell onto a worker. Gave him quite a shock.”
Not surprising, since Bast is anywhere from 10 to 130 years old, depending on whom you ask. The desiccated cat carcass is a pale yellow with tattered ears and a gaping maw.
It’s still a little smelly, Tuohy said, but Renkel took a shine to the creepy thing, and displayed it outside on the stoop during the renovation process.
The grand opening of Tuohy’s Blue World Photography was set for Oct. 31. When she saw the creature soon to be known as Bast, she asked if she could display it, since scary cats and Halloween were like a match made in Grimm’s Fairy Tales.
This is where the stories differ. Tuohy claims that Renkel was about to throw the cat away when she saved it from a fate worse than its own death — the garbage.
Renkel maintains that the cat’s well-being was always at the forefront of his mind, and that he’d merely lent the ghoulish thing to Tuohy.
In Tuohy’s opinion, she made that cat a star, creating a media campaign that dubbed Bast “the Amazing Cat Mummy.”
She even took it to the California State Fair as part of the Wild and Whacky exhibit, and set up a Facebook page in Bast’s honor.
It took up seemingly permanent residence in Blue World Photography. The fate of the cat didn’t come up again until Renkel evicted Tuohy from the building, a matter which also came before the court on Thursday.
“Suddenly, after two years of not wanting it, he wanted it back,” she said.
When she refused to return the freakish feline, Renkel reported it stolen.
“And you’re not willing to give it back to him at this point?” Knowles asked.
“This is going to sound strange, but I don’t think he’d take care of it like I have,” Tuohy responded.
In Knowles’ view, the cat case was pretty cut and dry.
“The court finds that you are the owner of that cat. It was in your building, it’s your cat,” Knowles told Renkel.
The trouble was that Renkel had sued for possession of the cat claiming its worth at $1,000, a position that Knowles couldn’t support.
“How do you value the mummy cat?” she asked.
Lacking any way to assign value to do so, and being forced by California law to offer a conditional settlement, Knowles had little option but to apply a “nominal value” to the thing, assigning Bast the going rate of $1.
Tuohy thus had the option of returning the cat or paying Renkel $1 to retain possession of her treasure.
When Tuohy reached into her purse and gave Renkel a buck, the case was settled in the eyes of the court.
Yet it went one step farther.
Mediator Jim W Hildreth stepped in, and, after almost four hours of trial, Tuohy and Renkel agreed to do what they’d reportedly been kicking around all day: offer the creature up to the Tuolumne County Museum.
No representative for the museum was present to accept, or reject, the gift.

Tuolumne County Superior Court Sonora, CA 95370

2010-12-31T09:43:00.001-08:00

Sonora, CA 95370
Originally uploaded by JimHildreth

Yesterday, I was honored to work as a mediator over a dispute involving a Landlord-Tenant issue.

The dispute lasted over 7.5 hours and much of my appreciation goes to the parties on both sides.

Much further goes out to the Tuolumne County Superior Court and staff, in their dedication in supporting the process of having your day in court.

The court shows respect, honesty and warmth to those with conflicts.

As a mediator, who's focus is real estate disputes, its a honor to work with such a professional team of dedicated individuals.

Jim W Hildreth Mediator.

Tuolumne County Superior Court Sonora, CA 95370

2010-12-30T06:57:00.001-08:00

10-10-10
Originally uploaded by JimHildreth

Jim W Hildreth has been assigned to the Tuolumne County Superior Court as a court appointed mediator for 12-30-2010.

Multiple cases will be mediated and the court has a active Alternative Dispute Resolution program, 75% of the cases referred are settling in mediation, giving the disputants active dialog in resolving their individual disputes and the power to resolve those conflicts vs the court making the decision.

Cases of both small claims and civil unlimited are referred to mediation.

Tuolumne County Superior CourtSonora, CA 95370

2010-12-23T13:52:00.001-08:00

Sonora, CA 95370
Originally uploaded by JimHildreth

Jim W Hildreth completed a landlord-tenant mediation today, where the court suggested Alternative Dispute Resolution (Mediation), the parties were concerned that mediation would not work.

Within 2.5 hours the parties developed a settlement and resolve of the issues.

Hildreth stated that it was a "Win-Win" for all involved.

Hildreth does both private and court appointed mediations in Northern California. Serving the Mother Lode, Central Valley & Bay Area.

Fighting Addictions

2010-12-20T22:39:00.000-08:00

Mediation involves disputes and addictions play a large role in our day to day activities and the following KCBS link is valuable towards steps of recovery.

I thank KCBS for this topic, it is well worth the discussion.

http://sanfrancisco.cbslocal.com/2010/12/19/kcbs-in-depth-fighting-addiction/

Real Estate Mediation, Real Estate Mediation Services: Addiction: Prescription Drugs

2010-12-19T09:59:00.000-08:00

Real Estate Mediation, Real Estate Mediation Services: Addiction: Prescription Drugs: "Addiction: Prescription Drugs Originally uploaded by Gregory Thomas Photography As we approach the holidays, we celebrate with our families..."

Jim W Hildreth-Mediatorwww.RealEstateMediation.org

Addiction: Prescription Drugs

2010-12-19T09:55:00.001-08:00

Addiction: Prescription Drugs
Originally uploaded by Gregory Thomas Photography

As we approach the holidays, we celebrate with our families, we share gifts, we watch the magic of delight with children as they open presents.

For many holidays may not be the holidays as we have had in our lives.

Last week while sitting in family court, the realty of shared custody, anger, resentment, substance abuse were a realty that goes beyond on our holidays.

Alcohol abuse has been apart of my family history going back for generations and today both drug of choice seems to run rampant in our society.

The impacts effect every family member in some manner and those impacts impact society.

My blog today is not about making accusations, but offering a messaage that being sober, loving life, is a worthy goal for ones self

in the steps of recovery.

I'm so apprecitive of the 12 step programs offered in each of our communities, as they offer support, love, guidance. AA, NA, ACOA,

Co-Depencdency.

In our economic times, its so easy to alter our behaviors often in a self destructive pattern.

Perhaps this message, may be a the keys of opportunity, that will give us the support in developing our own journey that we can reclaim our lives today and for tomorrow.

Being sober, love of self, love of our future generations, is well worth the reminder during our upcoming holidays.

Jim W Hildreth

Auburn CA Courthouse

2010-12-17T02:55:00.001-08:00

Auburn CA Courthouse
Originally uploaded by JimHildreth

The California Gold Country has had a rich history of the lure of gold in cities such as Mariposa Nevada City, Columbia, Sonora, Angels Camp, Placerville, Auburn, Jamestown, Murphys, Paradise in Butte County.

Migrations of emigrants followed the "Gold Fever" from the 1800's.

Today a new migration wave in the Gold Country is the urban dweller who seeks a better lifestyle and a desire for a simpler life of the white picket fence, acreage and a place to retire or raise a family.

With that wave came a real estate boom starting in the 1970's.

Large acreage parcels were subdivided creating acre lots or less and the demand for commercial retail for the new storefront was the new enterprise.

With those changes and migrations of the urban dweller have created disputes involving real estate.

This week alone, Jim W Hildreth of Real Estate Mediation Services was busy mediating real estate disputes.

Paradise was a buyer/seller/real estate broker dispute, Jackson California had a non disclosure dispute between the buyer and seller over water runoff. Amador County has a new easement issues among neighbors. Sonora Superior Court in Tuolumne County had a neighbor vs neighbor dispute where a restraining order was placed and a landlord tenant issue over non-payment that exceeded $7,500.

When populations increase conflict will occur. Attorneys will be the gateway to those conflicts.

Today both the courts and the legal system are offering Alternative Dispute Resolution to those conflicts with both Mediation and Arbitration as an alternative to costly litigation and saving time to those in conflict. Often the courts may be backed up for months and the anger, resentment in conflicts cannot wait for the judicial system.

The Gold Country or the Mother Lode of California will continue to see increased populations with new subdivisions, new storefronts and naturally disputes will occur.

It is the wise community both in the legal and real estate community that offers both private and court appointed opportunities to resolve conflict and mediation does play a large role in settlement and resolve.

Jim W Hildreth is a Mediator who's focus is real estate disputes and his home is in Sonora, CA. His boyhood was in Sutter Creek, Jackson and Grass Valley.

Paradise, CA; It actually is Paradise!

2010-12-16T06:31:00.001-08:00

Paradise, CA; It actually is Paradise!
Originally uploaded by Plane Nuts!

Jim W Hildreth of Real Estate Mediation Services was asked to be a mediator in Paradise over a real estate dispute.

The dispute was between buyer and seller. Hildreth based in Sonora was selected for his Real Estate knowledge in settling real estate disputes and his neutrality of the parties and community.

Spending 24 hours in Paradise CA with the parties and the community and the county of Butte, was enjoyable.

Amador County Superior Court

2010-12-13T19:22:00.001-08:00

Amador County Superior Court
Originally uploaded by JimHildreth

Jim W Hildreth Mediator was appointed to act as a mediator, "Neutral" for a County of Amador, Superior Court Dispute.

Hildreth is based in Sonora, and works closely with multiple courts in Northern California. He also works closely with the legal community and disputes involving real estate.

Happy Holidays 2010

2010-12-03T22:30:00.000-08:00

Alternative Dispute Resolution its Present & Future

2010-12-03T18:27:00.000-08:00

Alternative Dispute Resolution its Present & Future

Nearly five years ago, I had the opportunity to take the basic course of mediation through UC Berkeley Extension and Mediator Ron Kelly.

The room was filled with attorneys students who sought a alternative to the route of litigation.

For me, it was a opportunity of using 33 years as a California Real Estate Broker and with an interest

in applying decades of experience and applying it to disputes involving real estate.

For the past decade, a trend seem to be occurring that the job market for lawyers was getting tighter.

I recall a conversation with an attorney who stated to me it was more cost effective hiring an attorney than a secretary.

I read articles that in the past five years and every year, more and more people graduate from law school and there are fewer and fewer jobs.

A recent article in Yahoo news talked of the shrinking job picture for judges.

Recently a article caught my interest that this is a “Gaping Hole” in the Legal Services for the middle class as it applies to targeted mass foreclosures and debt collection suits.

The article written University law professor Larry Ribstein thinks a change in lawyer regulations could help middle class defendants.

His thought was that he suggest favoring, a legal service sector regulation based on certification rather than licensing. In his view, a law license isn't necessarily needed to provide all kinds of legal help.

In my experience this may be the case with Alternative Dispute Resolution or mediation where both attorney and non-attorneys have blended their people and mediation skills in acting as “neutrals” and having parties craft settlements vs tying the hands of local courts.

A small rural county East of San Francisco, Tuolumne County has seen in excess of 75% settlement rates with a pilot Alternative Dispute Resolution program funded by a initial grant by Judicial Council of California AOC. In six months, that is over 100 cases that offered the public alternative and freeing time for the judicial officers.

Ribstein elaborated in an article with the American Bar Association Journal. “I'm not suggesting that we completely deregulate the practice of law”, I think the problem is not too much regulation or too little regulation, but that we are linked into a single business model that cant evolve.”

Perhaps one avenue is to combine law practice with nonlegal services.

This may be a good match for Alternative Dispute Resolution or Mediation.

Its a concept that is worthy of discussion in our law schools and the many who serve local community boards where mediation plays a increased role.

Its a concept that should be discussed with local bar associations and clearly adopted and supported with leaders such as the Alameda County Bar Association in Oakland, CA where both the legal and non-legal have established a bond in membership.

Its a concept that should be discussed openly for consideration at the 2010 Conference of Delegates

for non- partisan solutions to law related issues for the benefits of Californians.

Furthermore its a opportunity for the California AOC to consider long term funding vs seed money on the value of Alternative Dispute Resolution-Mediation on a local level.

The demand of conflict will increase, more parties will turn to Pro-Per and small claims, many attorneys will suggest that cases under $25,000 may not be cost effective and suggest mediation.

The present and future of mediation and demand for disputes and the overcrowding of our courtrooms

may bring about healthy changes, solutions for the future of opportunities for both those who are licensed attorneys and those who have been certified with non-legal services.

Jim W Hildreth Mediator.

Real Estate Mediation Services

http://www.RealEstateMediation.org

Sonora, CA Homeowner Dispute

2010-11-30T19:42:00.001-08:00

48 Hours in Tuolumne County
Originally uploaded by JimHildreth

The Sonora, CA homeowner called his attorney as he was having a dispute with the local building department. The local court had issued a "inspection warrant" for health and safety issues.

The homeowner had less than 24 hours to comply.

The law office suggested mediation and Jim W Hildreth of Real Estate Mediation Services was asked to act as a "neutral" between the homeowner and building department.

The mediator placed a few calls and the warrant was withdrawn and both sides, will regroup for a time out.

Both sides were able to allow the flow of communication and the quick mediation made it a "win- win" for a future date that will be voluntary.

Mediation does work.

Alameda County Bar Association

2010-11-22T18:03:00.001-08:00

Alameda County Bar Association
Originally uploaded by JimHildreth

Jim W Hildreth Mediator completed 1.5 hours today of continuing education, titled mediating with self-represented litigants.

This is a rule in Small Claims Court in California and many individuals are Self-Represented (Pro-Per) due to economic times.

Jim W Hildreth focus is disputes involving real property or real estate.

He works in the San Francisco Bay Area, Central Valley and mother Lode Region.

He may be contacted via his website. http://www.RealEstateMediation.org
Real estate Mediation Services.

Mariposa County Courthouse

2010-11-20T06:23:00.001-08:00

Mariposa County Courthouse
Originally uploaded by JimHildreth

Jim W Hildreth Mediator was assigned two disputes by the Superior Court a landlord tenant dispute over a dog bite and a vehicle damage by a contractor.

The landlord tenant dispute settled quickly as the parties worked together to solve the dilemma.

The vehicle damage dispute will continue as anger damaged the communication process.

Mediation does work if the parties are willing to listen and work together towards the goal of resolve.

Full Paradise Welcome Sign

2010-11-19T18:49:00.001-08:00

Full Paradise Welcome Sign
Originally uploaded by Paradise Retirees

Jim W Hildreth of Real Estate Mediation Services has been asked to do a real estate mediation between a buyer and seller in the city of Paradise.
Butte County.

The issues are non-disclosure, repairs. pest control infestation.

Jim W Hildreth will travel to Paradise from his base in Sonora, CA and will act as a "neutral" to assist in resolving the dispute.

He has no conflicts and does not know the parties.

His focus are disputes involving real estate.

Tuolumne County Superior Court

2010-11-18T21:50:00.001-08:00

Tuolumne County Superior Court
Originally uploaded by JimHildreth

The economy is causing many conflicts and those who mediate, work in the judicial system must be prepared for anger, resentment, and behaviors that are a mirror to today's stress of individuals who are often holding on by their finger nails.

Patience and understanding are a virtue of those who mediate.

Jim W Hildreth is a Sonora, CA mediator who's focus are real estate disputes.

Real Estate Deposit Dispute

2010-11-17T16:50:00.001-08:00

Merced, CA
Originally uploaded by JimHildreth

Working today on dispute involving a real estate deposit dispute, between buyer/seller, seller is living out of the country, much of the mediation, will involve e-mail.
http://www.RealEstateMediation.org
Property is located in El Dorodo County, Jim W Hildreth Mediator is based out of Sonora and has no conflicts and knows none of the parties.

Jim W Hildreth Mediator

2010-11-13T09:00:00.001-08:00

Jim W Hildreth
Originally uploaded by JimHildreth

Jim W Hildreth is a Northern California based mediator, who's prime focus are acting as a" neutral" for resolving real estate disputes.

Mediation is confidential, less expensive then litigation and is known in the mediation field has positive, caring and dedicated in resolving your dispute.

He works both as a private and court appointed mediator.

http://www.RealEstateMediation.org
Real Estate Mediation Services

Jim W Hildreth Mediator

2010-11-12T07:10:00.001-08:00

Jim Hildreth
Originally uploaded by Miss Bliss 55

I completed recently a court appointed mediation in Sonora, CA. It was over a construction defect between a local contractor and the homeowners.

The Superior Court suggested mediation vs a trial.

After the mediation conclusion, I received a copy of a letter mailed to two Superior Court judges.

Jim Hildreth served as the mediator specifically appointed by Judge Provost, he did an excellent job, he showed great patience, with a dispute with high emotional tension.

Throughout the mediation Jim showed a particulary strong allegiance to the importance of mediation as an effective tool for the court, as well as adhereance to the ethical standards required of mediators.

I love YoU

2010-11-07T02:06:00.001-08:00

I love YoU
Originally uploaded by ▓▒░ Emiraty ░▒▓

Its Sunday, fall is in the air, a storm may dump snow today, a good day for sharing, giving, being thankful, reading, reflecting, photography, my mini list includes eating a spinach & mushroom and cheese Crepe and a visit to my mom. Perhaps a nap, adding a few new smiles to One Million Smiles. A simple Sunday. Love to those in conflict and the only way is through and the choice is ours. Enjoy friendships and Love

Anger

2010-11-06T21:05:00.001-07:00

[boss] shadow
Originally uploaded by Frédéric Frognier

As a mediator, I have been seeing lots of anger expressed lately at the mediation table. Anger is ok, if its directed in a manner that brings about some form of resolve.

What is not good, are deep levels of prejudice towards races, religious beliefs.

The economy is also adding a huge amount of stress and the impacts are on individuals, couples, partnerships.

Mediation can be effective in resolving disputes, if the parties are willing to sit at the same table and truly listen to one another.

A neutral can assist and guide.

Jim W Hildreth specializes in Real Estate Disputes.

Tuolumne County Superior Court

2010-11-05T18:28:00.001-07:00

Tuolumne County Superior Court
Originally uploaded by JimHildreth

Jim W Hildreth mediator completed an assigned mediation for the Tuolumne County Superior Court (Sonora, CA) with a dispute involving neighbor vs neighbor over a fence.

Joining in the mediation was Stephen R Zalkind attorney from Amador County, (Jackson, CA)

The dispute was settled.

Sonora, CA 95370 Tuolumne County Superior Court

2010-10-30T06:44:00.001-07:00

Sonora, CA 95370
Originally uploaded by JimHildreth

My days as a court appointed mediator have been busy in resolving disputes.

The court has taken a pro-active position that many disputes can be resolved through Alternative Dispute Resolution, and specifically through mediation.

During the past week of late October 2010 I was assigned 3 mediation's, 2 construction defects and a vandalism where a road construction grader was cut up into 7 pieces, the dispute involved long term friends for over 60 years.

Each of these disputes had the root of non-communication, anger, resentment.

Each was resolved in mediation, vs a trial in the Superior Court.

Jim W Hildreth is both a private and court appointed mediator, who's focus is disputes involving real estate.

Tuolumne County Superior Court Sonora, CA

2010-10-29T18:46:00.001-07:00

10-10-10
Originally uploaded by JimHildreth

Home owner cuts up construction grader into 7 pieces. Plaintiff sues for vandalism and Felony damages. Dispute settled in Mediation. Jim W Hildreth acted as the Mediator for the Tuolumne County Dispute.

Tuolumne County Superior Court

2010-10-24T12:22:00.001-07:00

10-10-10
Originally uploaded by JimHildreth

Jim W Hildreth has been appointed to act as the mediator for a Tuolumne County construction defect dispute involving a local contractor. Two outstanding Sonora Attorneys Kate Segerstrom and Joey Wright will represent their individual clients.

Mediation will allow the parties to discuss multiple options for consideration vs facing a trial.

Jim Hildreth is a Sonora based "neutral", who's focus are real estate disputes and he works both as a court appointed and private mediator in Northern California.

Real Estate Deposit Dispute

2010-10-23T13:05:00.001-07:00

Superior Court
Originally uploaded by JimHildreth

Do you have a real estate deposit that sits in a escrow? over a seller buyer dispute?.

Deposits in California that are held in escrow can only be released by
written mutual agreement by the parties, judicial decision or arbitration award.

Real Estate Mediation Services is a professional dispute resolution service that is experienced with real estate deposits and other real property issues.

Deposits Disputes are most cost effective in the settlement in the $2,500 plus range.

Jim W Hildreth is an experienced mediator who acts as a "neutral mediator" in multiple California Superior Courts and in the private sector working closely with title companies, the legal profession and the real estate brokerage community.

All mediation's are confidential.

Fee's for services are reasonable, and mediation offers Alternative Dispute Resolution vs protracted litigation or costly binding arbitration.

http://www.RealEstateMediation.org

Real Estate Mediation, Real Estate Mediation Services: Alameda County Bar Association

2010-10-22T17:14:00.000-07:00

Real Estate Mediation, Real Estate Mediation Services: Alameda County Bar Association: "Alameda County Bar Association Originally uploaded by JimHildrethJim W Hildreth of Real Estate Mediation Services completed continuing educ..."

Jim W Hildreth-Mediatorwww.RealEstateMediation.org

Alameda County Bar Association

2010-10-22T16:51:00.001-07:00

Alameda County Bar Association
Originally uploaded by JimHildreth

Jim W Hildreth of Real Estate Mediation Services completed continuing education on Real Estate Hot Topics in Oakland, CA. The class was centered around a Court of Appeal Real Estate case Holmes v Summer whether California Real Estate Brokers representing a seller of residential real estate are under an obligation to the buyer of that property to disclose that it is over ecumbered and cannot in fact be sold to them at the agreed upon purchase price unless the either the lenders agree to a short sale or the seller deposits a whopping $392,000 in cash into escrow to cover the shortfall. This case should be a concern to brokers, salesmen and the general public especially in this period of rampant foreclosures and short sales.

Hildreth's practice has a focus with real estate disputes.

Tuolumne County Superior Court

2010-10-13T14:47:00.001-07:00

Tuolumne County Superior Court
Originally uploaded by JimHildreth

Two Real Estate Landlord/Tenant mediation's were settled in the Superior Court ,County of Tuolumne. Sonora, CA

Mediation allows the parties to craft their own settlement vs a trial.

The mediation's were conducted by Jim W Hildreth a Sonora based Mediator who's focus is real estate disputes.

Hildreth does both private and court appointed mediation's.

The website is http://www.RealEstateMediation.org

Tuolumne County Superior Court Sonora, CA

2010-10-13T11:42:00.001-07:00

10-10-10
Originally uploaded by JimHildreth

Jim W Hildreth Mediator, Mediates Real Estate Disputes and is a active mediator in the Superior Court County of Tuolumne. Sonora, CA

He can be contacted at http://www.RealEstateMediation.org

Contra Costa County Courthouse, Martinez

2010-09-21T21:02:00.001-07:00

Contra Costa County Courthouse, Martinez
Originally uploaded by au409

Jim W Hildreth of Real Estate Mediation Services took training today at the Contra Costa County Courthouse in Martinez.

Mediating With Self-Represented Litigants.

The mediation related continuing education included 1/2 hour in Ethics and 1 hour on Self Represented Party Issues.

Due to the present economy many parties are entering the courtroom and mediation without legal representation.

Alameda County Bar Association

2010-09-15T19:49:00.001-07:00

Alameda County Bar Association
Originally uploaded by JimHildreth

Jim W Hildreth Mediator was appointed to the Executive Committee of the Alameda County Bar Association Real Estate Section on 09-15-2010.

Hildreth stated that it was a real honor to be a part of the organization and be placed in a leadership role.

Hildreth's focus is disputes involving real estate.

Real Estate Mediation, Real Estate Mediation Services: Concrete Sun

2010-08-21T14:34:00.000-07:00

Real Estate Mediation, Real Estate Mediation Services: Concrete Sun: "Concrete Sun Originally uploaded by DrCeeThe manufacture of concrete products went out of state for six months. His employee and he exchan..."

Jim W Hildreth-Mediatorwww.RealEstateMediation.org

Concrete Sun

2010-08-21T14:31:00.001-07:00

Concrete Sun
Originally uploaded by DrCee

The manufacture of concrete products went out of state for six months.

His employee and he exchanged verbal instruction on the day to day operations, including a possible sale in the future.

Employee sold the business which included a bill of sale and paid bills.
He did not have any written authority

Employor was going to file criminal charges. The business had a new owner.

Jim W Hildreth Mediator was asked to mediate the dispute, prior to civil and criminal charges.

The parties aired the dispute, which was heated, the parties resolved the dispute.

Courts, attorneys and mediators have learned that its always best to have it in writing and verbal agreements have different opinions by the parties.

Mediation was valuable in this dispute.

Real Estate Mediation, Real Estate Mediation Services: Alameda County Bar Association

2010-08-18T20:23:00.000-07:00

Real Estate Mediation, Real Estate Mediation Services: Alameda County Bar Association: "Alameda County Bar Association Originally uploaded by JimHildrethJim W Hildreth mediator completed continuing education in Oakland, CA on ..."

Jim W Hildreth-Mediatorwww.RealEstateMediation.org

Alameda County Bar Association

2010-08-18T20:19:00.001-07:00

Alameda County Bar Association
Originally uploaded by JimHildreth

Jim W Hildreth mediator completed continuing education in Oakland, CA on the topic of Foreclosures. The class was Fundamentals of California Foreclosures.

The class covered the topic of alternatives to foreclosure, foreclosure time line's, post foreclosure, challenging the foreclosure and evictions.

The class was taught by two seasoned Bay Area Attorney's Matt Webb and Jim Nations.

As both a California Real Estate Broker and Certified Mediator, continuing education is valued and sought out, to add value in dealing with real estate conflicts and disputes.

K A T H R Y N C L A R K: Weekly roundup

2010-08-13T17:14:00.000-07:00

K A T H R Y N C L A R K: Weekly roundup

Jim W Hildreth-Mediatorwww.RealEstateMediation.org

Tuolumne County Superior Court

2010-08-13T16:23:00.001-07:00

Sonora, CA 95370
Originally uploaded by JimHildreth

Jim W Hildreth mediator was assigned today to the Tuolumne County Superior Court in Sonora, where he did 3 mediation's two that were a landlord tenant disputes and the other a construction defect with a Sonora Contractor.

Hildreth is both a private and court appointed mediator who is based out of Sonora, CA

Auburn CA Courthouse

2010-08-12T18:31:00.001-07:00

Auburn CA Courthouse
Originally uploaded by JimHildreth

Jim W Hildreth of Real Estate Mediation Services was asked to conduct a mediation between Buyer and Sellers deposit on a Auburn CA, home.

The deposit was being held in escrow, and mediation proved to be positive where funds will be released from the escrow.

Both sides were able to state their positions, and mediation allowed for compromise and the releasing of the funds by mutual agreement.

Hildreth's focus in mediation are disputes involving real estate and he can assist any disputant in the state of California over deposit issues.

http://www.RealEstateMediation.org

Irish Vineyards Wine Dogs

2010-07-25T13:05:00.001-07:00

Irish Vineyards
Originally uploaded by JimHildreth

Jim W Hildreth Mediator has been asked to mediate a dispute in Sonora, CA over neighbors and excessive noise of barking dogs.

The dispute ended up in Superior Court and the court, attorneys and neighbors are willing to Mediate.

Tuolumne County Superior Court

2010-07-24T07:39:00.001-07:00

Tuolumne County Superior Court
Originally uploaded by JimHildreth

The landlord filed a suit against his tenant, over breaking a lease and back rent. The tenant broke the lease due to hard economic times. The Tuolumne County Superior Court assigned this dispute to Mediation.

Jim W Hildreth of Real Estate Mediation Services a trained mediator was assigned to the parties and within one hour, a settlement occurred, thus avoiding a court trail.

Sonora, CA 95370 Superior Court Mediation

2010-07-20T19:33:00.001-07:00

Sonora, CA 95370
Originally uploaded by JimHildreth

The Judge ordered the parties to Mediation. The plaintiff was a property management company, the defendant a customer. The plaintiff sought damages per the contract, the defendant was not happy with the services.

Mediator Jim W Hildreth was the "Neutral". Within a little over an hour a written settlement occurred and both parties left the courtroom satisfied with the outcome.

Having a dispute, talk to your attorney or legal advisor about the benefits of Alternative Dispute Resolution (ADR).

Many California Courts offer ADR.

Tuolumne County Superior Court

2010-07-11T13:37:00.001-07:00

Tuolumne County Superior Court
Originally uploaded by JimHildreth

Has the Judge Ordered Mediation?

Jim W Hildreth Mediator, can meet your mediation, court ordered mediation's.

Serving the SF Bay Area, Central Valley & Mother Lode.

A Neutral who is experienced involving Real Estate Disputes.
By Appointment- Mon-Saturday

Jim W Hildreth Mediator
www.RealEstateMediation.org
(510) 647-3600 or (209) 988-3905

Alameda County Bar Association

2010-07-11T08:52:00.001-07:00

Alameda County Bar Association
Originally uploaded by JimHildreth

Jim W Hildreth mediator was one of 3 panel members who offered a workshop on Marketing Your Mediation Practice taught in Oakland, CA at the Alameda County Bar Association. panel members were Claudia Viera, Michele Molitor and Jim W Hildreth.

The local bar association is active in offering workshops and continuing education. http://www.acbanet.org

Solano County Superior Court

2010-07-03T07:15:00.001-07:00

Multimedia message
Originally uploaded by djinn1973

Jim W Hildreth Mediator has been appointed to the Solano County Superior Court Mediation Mediation Panel.

Many California courts are active with Alternative Dispute Resolution and the courts website is http://www.solanocourts.ca.gov.

Hildreth is "Neutral" who is both a private and court appointed mediator and his focus is resolving disputes involving California Real Estate.

He serves the Bay Area, Central Valley & Mother Lode regions.

Tuolumne County Courthouse Real Estate Mediation

2010-06-27T17:23:00.001-07:00

Tuolumne County Courthouse
Originally uploaded by JimHildreth

The parties were the landlord and the previous tenant

The landlord wanted $6,000 in back rent. The case was referred to Mediation.

Jim W Hildreth of Real Estate Mediation Services was selected as the Mediator for the Sonora dispute.

The room was filled with those ready to testify for each party.

Within 2 hours the dispute was settled and all parties left the table satisfied with the results.

The key was opening communication lines, the understanding of landlord/tenant issues, the local economy and a mediator who remained "Neutral" and had the ability to open communications.

Superior Court Testimonial

2010-06-17T16:37:00.001-07:00

Superior Court
Originally uploaded by JimHildreth

The following testimonial came after a 7 hour mediation that had been in litigation 4 plus years. Jim W Hildreth & Ed Johnson were the mediators.

Mediation does work.

Hello Jim,

It has been a long journey for sure. I appreciate your saying all that and it really was a pleasure working with both you and Ed. I have a great appreciation for all that you both did for us. It really is evident that you do the job that you do because you care about others. Please extend my gratitude to Ed as well.

Tuolumne County Superior Court

2010-06-09T07:17:00.001-07:00

Sonora, CA 95370
Originally uploaded by JimHildreth

Jim W Hildreth of Real Estate Mediation Services has been appointed to act as mediator in a partnership dispute that involved multiple ownership of real estate. The dispute has been in litigation for 4 years and the parties will sit today at the same table in an attempt to resolve their differences.

Hildreth looks forward in acting as "Neutral" and opening the communication lines between the partners.

The Tuolumne County Superior Court based in Sonora, CA has a active Alternative Dispute Resolution program.

Attorney Dispute

2010-06-04T16:07:00.001-07:00

Attorney
Originally uploaded by Columbusneon

Today Jim W Hildreth of Real Estate Mediation Services did a real estate mediation between an attorney and the landlord in California.

The 4 hour mediation brought out a settlement between the parties.

Hildreth's focus is disputes involving real estate.

Tuolumne County Superior Court Mediation

2010-05-29T16:43:00.001-07:00

Sonora, CA 95370
Originally uploaded by JimHildreth

JimW Hildreth, Real Estate Mediator just mediated a disagreement between me and another party. Fascinating process. Instead of the antagonistic process you feel in small claims, we both shared our concerns, asked questions and Jim facilitated us to both understand the other's viewpoint. Plaintiff May 28 2010, Sonora, CA

Jim W Hildreth Mediator

2010-05-28T19:16:00.001-07:00

Jim W Hildreth
Originally uploaded by JimHildreth

Jim Hildreth oversaw a small claims case for our company at the Tuolumne County Superior Court. I had past experiences with mediation, and going in I was convinced that it would not be successful. Because of Jim's knowledge and ability to listen, we were able to come to a resolution without the court's involvement. I highly recommend him for mediation in a Real Estate or Landlord Tenant dispute. Thanks Jim!

Tuolumne County Superior Court

2010-05-28T14:29:00.001-07:00

Tuolumne County Superior Court
Originally uploaded by JimHildreth

Two Mediation's today in the Tuolumne County Superior Court. A Landlord-Property manager dispute the other a personal injury.

Jim W Hildreth Mediator Sonora, CA

David Herzog Attorney Pinnacle Law Group San Francisco

2010-05-26T13:33:00.001-07:00

David Herzog
Originally uploaded by JimHildreth

Jim W Hildreth of Real Estate Mediation Services recently took continuing education from Attorney David Herzog of San Francisco titled the Accidental Partnership, The pitfalls of informal Business Realtionships.

The seminar covered, what is a partnership in California, What is a partners duties and liabilities, how does one get out of a partnership, how to avoid becoming partners with someone.

As a mediator Hildreth acts as a neutral with partnership disputes both in real estate and business partnerships.

Mariposa County Courthouse

2010-05-24T17:13:00.001-07:00

Mariposa County Courthouse
Originally uploaded by JimHildreth

"Jim Hildreth's extensive knowledge and experience in real estate is invaluable in the mediation process. Coupled with his expert mediation skills, he is able to quickly assess the issues and assist parties in resolving real estate and property disputes." Ed Johnson, Attorney at Law.

Tuolumne County Courthouse

2010-05-22T07:01:00.001-07:00

Tuolumne County Courthouse
Originally uploaded by Arroyo Toad

Jim W Hildreth has been appointed by the Tuolumne County Superior Court to act as a mediator over a construction defect case in the Sonora Superior Court.

The disputants are represented by Attorney's Joseph Wright and Kate Segerstrom two excellent Sonora Attorneys.

Mediation, offers a alternative to lengthy and costly litigation.

Mediator Hildreth, works in multiple courts and he can be contacted via his website. http://www.RealEstatemediation.org

Oakland Tribune Building

2010-05-21T20:59:00.001-07:00

Oakland Tribune Building
Originally uploaded by JimHildreth

Jim W Hildreth mediator will be attending a seminar titled The Accidental Partnership, the pitfalls of informal business relationships. Partnership disputes are common and can impact the ongoing business operations that can lead to a forced sale.

The seminar will be conducted in Oakland, CA at the Alameda County Bar Association, where Hildreth is an associate member.

"Woodfall's Law of Landlord and Tenant"

2010-05-13T19:32:00.001-07:00

"Woodfall's Law of Landlord and Tenant"
Originally uploaded by umjanedoan

The young couple had been renting from the landlord for several years, the landlord offered them a opportunity to relocate to the family home as they were going to rent the home for several years as the market was depressed.

The landlord encouraged the husband and wife to take an active role in the remodeling that included painting, refurnishing the hardwood floors.

The couple jumped at the opportunity and spent hundreds of hours in transforming the home.

Words were used such a lease option and your time will be worth your extra efforts.

The home was in the best shape in decades and the home was shining with its new look.

The couple was weeks away from moving in and the landlord dropped a "bombshell" on the couple.

The landlord announced, the home had been sold.

To add insult to injury the couple was served with a 60 day notice to vacate their present home as that property was going to go on the market.

The double blow seems unreal.

An attorney for the tenant couple was prepared to file litigation.

The couple stated they had trusted the landlord and went against their own judgment to have something in writing.

The lesson is that its always best to put things in writing and form an agreement.

If a problem does occur, it will add weight as to the intent of the parties.

Jim W Hildreth is a Real Estate Mediator

Tuolumne County Court House

2010-05-13T18:49:00.001-07:00

Tuolumne County Court House
Originally uploaded by tntagrad

Tuolumne County Superior Court has developed a new pilot mediation program in "Small Claims" court where team of mediators are available to act as" neutrals" in small claim matters.

The program a month new is seeing a high success rate in allowing disputants to resolve their individual issues vs a court trial.

20091031 Street Scene at Night in Tracy

2010-05-13T05:23:00.001-07:00

20091031 Street Scene at Night in Tracy
Originally uploaded by Tom Spaulding

Jim W Hildreth of Real Estate Mediation Services has been invited to the Central Valley Association of Realtors in Tracy, CA to speak on the topic of Alternative Dispute Resolution Mediation in real estate conflicts.

Tracy, CA is a popular bedroom community that serves the San Francisco Bay Area and has seen a rapid growth rate in its residential and commercial and industrial community with deep roots to agriculture.

Hildreth's topic will include alternatives to litigation in a real estate dispute.

Tuolumne County Superior Court Mediation

2010-05-08T07:29:00.001-07:00

Tuolumne County Superior Court
Originally uploaded by JimHildreth

Yesterday, I did a mediation that involved an attorney and his client over a fee dispute. Having taken previous training on "Fee Disputes", the training was valuable when the client sued the attorney as he felt the retainer that he had paid was not worthy of the attorney's services.

Within 2 hours both parties reached an agreement. Prior to mediation the attorney desired binding arbitration.

Mediation brought about a better understanding, open communication and resolve.

Mediation with a "neutral" was key along with compromise.

The Tuolumne County Superior Court in Sonora has a new Alternative Dispute Resolution program and mediation has been very effective in high rates of settlement versus the time involved with litigation.

Tuolumne County Courthouse

2010-05-04T19:53:00.001-07:00

Tuolumne County Courthouse
Originally uploaded by JimHildreth

Jim W Hildreth will act as Mediator with the Superior Court in Sonora, CA on April 30th & May 07 2010. His focus is disputes involving real estate, however in the Sonora Court it can be disputes A-Z.