Showing posts with label "Alameda County Bar Association". Show all posts
Showing posts with label "Alameda County Bar Association". Show all posts

Saturday, February 12, 2011

Alameda County Bar Association

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.

Wednesday, January 19, 2011

Modesto Amtrak Station


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.

Wednesday, January 12, 2011

Jim W Hildreth & Claudia Viera, Esq

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

Friday, December 3, 2010

Happy Holidays 2010

Alternative Dispute Resolution its Present & Future

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



Monday, November 22, 2010

Alameda County Bar Association

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.

Friday, October 22, 2010

Alameda County Bar Association

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.

Wednesday, September 15, 2010

Alameda County Bar Association

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.

Wednesday, August 18, 2010

Alameda County Bar Association

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.

Sunday, July 11, 2010

Alameda County Bar Association

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

Wednesday, May 26, 2010

David Herzog Attorney Pinnacle Law Group San Francisco


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.

Friday, May 21, 2010

Oakland Tribune Building

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.

Wednesday, April 14, 2010

Mediation Alternative Dispute Resolution



April 13, 2010 by Jim W Hildreth Mediator


The Bay Area Buyer finds a home via the marketing of an auction house that is marketing
out of state real estate. He can't believe that he has found a home under $15,000 and he transfers
$3,000 dollars to the sellers bank account as a deposit..

He soon discovers that the property has back taxes and the escrow company chosen by
the seller will not issue title insurance.

He cancels the escrow, however the seller will not return his deposit.


A retired couple makes the decision to downsize, they are on acreage and the acreage
supports vintage California Oaks.

The Oaks require ongoing removal of mistletoe that cost $2,000 a day from a tree service.

The sellers place the home with a real estate brokerage, the property sells and the buyer after close of escrow discovers the true cost to maintain the tree's. The buyer makes threat towards litigation due to non-disclosure.


A San Jose couple have retired and their dream is to own acreage and live the country life.

They move to the foothills and the zoning allows another home to be built. They invite their
daughter and son-in-law.

Half the acreage looks like a park, the other side looks like a scene from the Beverly Hill-bellies.

The daughter and son in-law announce a separation and the property is upside down in value
by $150,000.

Each of these disputes, involved the legal community for advise and direction and all parties
were faced with decisions that both involved stress, financial hardship and options for a law suit.


The neighbor wont allow access for ingress and egress, boulders are placed at one of the entries,
one of the neighbors receives physical threats, the attorney's work on the dispute for over six months and the dispute is going to trial.

The court suggest mediation and one of the attorney's has strong feelings against alternative dispute resolution. The attorney's follow the court's direction and a neutral mediator is selected and the parties meet without their counsel.

The neighbor's come to mediation angry they leave 3 hour's latter with a written settlement.

The wife cries out “We can be neighbor's again”

The attorney's on both side's are shocked and the court is relieved.



Non Disclosure's issues, easements, septic s, wells, water intrusion, partnership breakups
have all been common issues that have come to mediation and have been settled at mediation.

The Berkeley Victorian Home residents who called Berkeley home for 30 years
disclose seepage in the basement in heavy rains. The new buyers discover up to 8” of water for the past 2-years. The remedy of a new French Drain is expensive. The buyers are ready to sue the sellers.

California Real Estate Contracts California Association of Realtors call out for
mediation in a disputes between buyer/seller.

Today the courts are suggesting mediation and Alternative Dispute Resolution has played a major role
in reaching settlements.

In Alameda County Superior Court, local judges have referred over 2,000 cases in the past year to some form of ADR and approximately 700 cases to Panel Mediators.

The Mother Lode community of Jackson Amador County Superior Court has a active ADR Panel with equally positive results in the past year.

Mediation does work if the parties are willing to communicate and make compromises. Each of the
above disputes went the Mediation Route with success.

The Alameda County Bar Association has been active in the ADR Section and as one local
law student who just joined as a member, and stated the educational monthly updates are the “Crown Jewell” of continuing education.

The ACBA Executive Committee of the ADR offers each of us mediators the chance to grow
and meet with fellow members who have a passion for resolving conflict with alternatives vs litigation
that can be costly and time consuming.

Mediation is worthy of consideration the next time you face a new client
opening the gateway to Mediation as an Alternative Dispute Resolution.

Jim W Hildreth Mediator
Real Estate Mediation Services
(510) 647-3600
www.RealEstateMediation.org

Friday, April 2, 2010

easement trail


easement trail
Originally uploaded by dardilrocks
Jim W Hildreth Real Estate Mediator will take continuing education at the Alameda County Bar Association with challenges that go hand-in hand
with resolving contentious real estate boundary disputes.

Jim W Hildreth of Real Estate Mediation Services has a specialty with real estate disputes and has mediated multiple easement disputes and resolved them in mediation.

One was a landlocked parcel on hundreds of acres in rural Amador County.

http://www.RealEstateMediation.org

Wednesday, March 24, 2010

Berkeley CA Real Estate Dispute

The Berkeley California residents had lived in their Berkeley residence for decades.

The charming vintage home is a classic, close to the university and over many decades
the owners completed upgrades with attention to detail and craftmanship.

The owners dreams to live the country life of open land, cattle and ranching were apart of their life plan.

They placed their home For Sale and the market produced multiple buyers. The ultimate buyers completed and reviewed disclosures and closed the transaction.

As the first winter came, mystery water turned the basement from seepage to a lake.

The Buyers and Sellers agreed that a voluntary real estate mediation was going to play a role in their dispute over excessive water intrusion.

Jim W Hildreth, of Real Estate Mediation Services was asked by the parties to act
as the "Neutral", prior to taking any steps towards litigation.

Hildreth was chosen as an experienced Mediator with decades of real estate experience.

The parties met for 5 hours and the lines of communication have been opened for consideration of a settlement.

Mediation does work, if the disputants are willing to listen, compromise and not take hard line positions.

Mediation is an Alternative Dispute Resolution and often can resolve difficult issues such as real estate, family issues, partnerships, easements and other real estate matters.

Mediation is both private and confidential.

Many Superior Courts in California have adopted Dispute Resolution.

Alameda County Superior Court has a active Alternative Dispute Program.

If your having a dispute talk to you Attorney about Mediation/Arbitration.

Jim W Hildreth Real Estate Mediation Services are offered in the Bay Area, Central Valley & Mother Lode.

Thursday, January 14, 2010

Alameda County Bar Association

Jim W Hildreth Mediator has completed continuing education on California Department of Real Estate Enforcement Issues, Foreclosure Consulting, Short Sales and Related Issues.

The event was held January 13th, 2010 at the Alameda County Bar Assoication in Oakland CA,

Hildreth's specialty are disputes involving real estate.

Friday, January 8, 2010

Alameda County Bar Association

Jim W Hildreth Mediator will improve his Mediation skills at the Alameda County Bar Association in Oakland, CA. "Client Centered Mediation" taught by Nancy E Hudgins a San Francisco mediator and lawyer.

Thursday, December 3, 2009

Jim W Hildreth Mediator


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

Friday, August 28, 2009

Educators Alameda County Bar Association


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