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.

Sunday, March 14, 2010

Preservation Park Oakland, CA


Preservation Park
Originally uploaded by JimHildreth
Jim W Hildreth Mediator of Real Estate Mediation Services completed continuing education in Oakland, CA as to the Role of Mediation in Foreclosure Intervention and Resolving Family Co-Ownership issues with family real estate property conflicts.

Jim W Hildreth focus is disputes involving real estate and he serves, the S.F. Bay Area, Central Valley & Mother Lode as a Mediator.

Monday, March 1, 2010

Preservation Park Oakland, CA


Preservation Park
Originally uploaded by JimHildreth
Jim W Hildreth of Real Estate Mediation Services as been appointed by the Alameda County Superior Court to as as a mediator on a foreclosed Oakland commercial property, between the parties the former owner and the bank owned property.

Hildreth's mediation practice is dealing with California real estate disputes.

The March 17th 2010 real estate mediation will be in Oakland, CA.

Classic Berkeley


Classic Berkeley
Originally uploaded by JimHildreth
Berkeley CA homeowners have requested the Mediation Services of Jim W Hildreth of Real Estate Mediation Services to act as a neutral over a dispute involving non-disclosure.

Hildreth's specialty is disputes involving California real estate. The sellers and buyers have chosen mediation vs litigation.

Wednesday, February 3, 2010

Hong Kong 香港


Mediation in Hong Kong

December 10, 2009

By Alfred Ip, Partner at OLN and CEDR Accredited Mediator

From 1st January 2010, the court will require parties to civil proceedings to consider using mediation as an alternate means to settle their dispute. The court will require the parties to justify their decision in case they refuse to attempt mediation, failing which adverse costs order may be made against that party, irrespective of the outcome of the litigation.

The court also put the burden on the parties’ legal representatives to advise their clients properly on mediation, as early as possible. In fact, good lawyers in dispute resolution should be in a position to advise their clients of various ways to resolve a dispute. Civil proceedings should not be the only way to resolve disputes among parties in the modern era.

Mediation provides a platform for parties in dispute to discuss their issues in dispute in the presence of a trained and impartial mediator. The role of the mediator is to direct the parties to look at the future, and assist the parties in identifying their needs, in order to explore the alternatives available to the parties in resolving the disputes.

Mediation trumps over court proceedings in many ways:

1. Mediation is less expensive compared with litigation, because of the time involved.

2. The process of mediation is much quicker compared with court proceedings. Mediation can take place within weeks, while court proceedings often go on for years.

3. Some of the disputes and grievances arise out of the parties’ misunderstandings. Through dialogue, parties can be in a better position to understand their respective points of view, and the parties’ ongoing relationship can be saved through clearing such misunderstandings, which is less likely to be achieved through court proceedings.

4. Any resolution made at the end of the mediation would be made by the parties themselves, instead of a third party’s decision imposing on the same.

5. As the outcome is controlled by the parties, parties can tailor their agreement according to their wishes or their situation, and achieve an outcome which may not be achievable through court proceedings.

6. Parties are less likely to be aggrieved by the outcome of the mediation, which is agreed by the parties themselves. The problem of prolonged appeal process would not arise.

7. Parties who mediate their differences are able to attend to the fine details of implementation. Negotiated or mediated agreements can include specially tailored procedures for how the decisions will be carried out. This fact often enhances the likelihood that parties will actually comply with the terms of the settlement.

8. The mediation process, and the end result of the same, is private and confidential, whereas a judgment in court proceedings is often a public record. What the parties discussed throughout the mediation process cannot be used in any court proceedings, thus the parties are at liberty to voice their standpoint freely.

The Law Society of Hong Kong and the Hong Kong International Arbitration Centre both maintain a panel of mediators for the parties to choose, while the Centre for Dispute Resolution is the most influential non-profit mediation body.



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Sunday, January 31, 2010

Fresno Pacific University - campus Fountain

Jim W Hildreth of Real Estate Mediation Services completed 3.5 hours of continuing education at Fresno Paicfic Universitry. The class was Conflict Coaching, Conflict Managment Strategies and Skills for the Individual. The class was taught by Dr. Tricia S Jones

Sacramento Law Libary


Sacramento Law Libary
Originally uploaded by JimHildreth
In order to make myself a better Mediator, Jim W Hildreth of Real Estate Mediation Services took 5 hours of continuing education on Introduction to Legal Research and Law Library Basics on California Statutes & Cases at the Sacramento Law library on 01-30-20010