Wednesday, October 7, 2009

Real Estate Dispute


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

Sunday, October 4, 2009

Landlord Tenant Dispute in California

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

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

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

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

Business Partnership Dispute












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


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

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

In addition options were planted for a future buyout.

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

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



Jim W Hildreth-Mediator
www.RealEstateMediation.org

Colusa County Courthouse

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

Friday, August 28, 2009

Educators Alameda County Bar Association


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

Tuesday, August 25, 2009

Personal Injury Mediation

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

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

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

The case involved major injuries.

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

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

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

We will regroup for a 2nd mediation in October.

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

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

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

Many courts are adopting alternatives in the litigation process.

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

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

Jim W Hildreth Mediator

Thursday, July 30, 2009

Bay Area Mediators


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