Oakland, CA Attorney who speciality is Mediations. The law office of Marc D Paisin (510) 893-2338
Marc also serves on the Execuitve Committee of the Almeda County Bar Association ADR Section
Wednesday, April 15, 2009
Monday, April 13, 2009
Turning Point
Turning Point by Jim W Hildreth April 12 2009
A invitation was made by my mother to attend a mediation that she was involved in a personal injury after a vehicle accident. As the oldest family member I accepted.
The mediator was Dan Quinn of Stockton a seasoned attorney- mediator.
The mediation was emotional, tears and anger flowed and during a private caucus
my mother entered the caucus and raged at the insurance company and counsel.
In the end of a half day mediation a settlement occurred which to this day my mother
feels that she should have not settled.
Leaving the mediation her attorney took me aside and thanked me as playing a major role in that settlement.
Her resentment passed to all parties including myself.
She refused to talk to me for weeks. That mediation is off-limits for discussion.
A turning point occurred that day.
UC Berkeley extension offered a class on Alternative Dispute Resolution and I became a student of mediator Ron Kelly.
The class was filled with those of the legal community who desired an alternative to litigation, judges wanted to improve on time management ,and master skills in mediation.
The classes were educational and I had a desire to use 30 + years as a Real Estate Broker and apply them to mediation in real estate disputes.
Upon completion, I did one year pro-bono in the Superior Court as a volunteer with East Bay Mediation and made the transition with the SEEDS organization based in Berkeley.
During that year period, I saw a high settlement rate in conflicts, and as a community mediator, we experienced cases that were from A-Z.
My first big break was a Sacramento Landlord who asked for me to mediate landlord tenant issues.
My passion for mediation and conflict cases continued and the next transition was additional education and training by Steven Rosenberg and being accepted as a civil mediator with the Superior Court of Amador County.
Assigned cases by the court were very different than community based mediation's.
Now at the table were professional attorneys and the stakes were higher.
Easement issues, non-disclosure, rescission of real estate contracts and pending law suits.
One specific case is the Superior Court ordered mediation, which was neighbor vs neighbor and physical threats had been made.
The attorney's asked for me to conduct the mediation and knew this was going to trial as they worked over six months to resolve the anger, resentment and physical threats over a blocked easement.
In this case, one of the attorneys did not believe in mediation, however he was going to follow the courts direction.
4-hours later, we had a written settlement and the neighbors left the mediation shaking hands and stating they could be neighbors once again and waive to each other in passing.
The attorney were shocked and pleased with the results.
3 years latter my "turning point" added the Superior Courts of Calaveras, Merced and now Alameda.
Close to 65 + mediation's have been completed, with a goal of 100 and 100 hours of training and education.
My "Turning Point" this week was to join the respected Alameda County Bar Association as an "Associate" under the section of Alternative Dispute Resolution. I'm a non-attorney.
My 33 years as a real estate broker have given me years of experiences in all levels of real estate, from residential, commercial, income property, acreage, taxation issues, probates, landlord/tenant.
My goal is to continue to learn, and share my skills in both real estate and mediation in issues resolving real property.
One of my latest mediation's was a business opportunity that went bad with defective parts in the sale of a Laundromat and the hold back of funds in escrow. The dispute was settled.
My mother is still angry, and that day in Attorney Quinn's office has changed my life and had made me a believer that conflict and mediation can bring about positive results in treating all parties with respect, dignity, honesty and being "neutral" in the conflict and providing an avenue beyond litigation.
Respectfully
Jim W Hildreth
Real Estate Mediation Services
www.RealEstateMediation.org
(209) 536-1103
A invitation was made by my mother to attend a mediation that she was involved in a personal injury after a vehicle accident. As the oldest family member I accepted.
The mediator was Dan Quinn of Stockton a seasoned attorney- mediator.
The mediation was emotional, tears and anger flowed and during a private caucus
my mother entered the caucus and raged at the insurance company and counsel.
In the end of a half day mediation a settlement occurred which to this day my mother
feels that she should have not settled.
Leaving the mediation her attorney took me aside and thanked me as playing a major role in that settlement.
Her resentment passed to all parties including myself.
She refused to talk to me for weeks. That mediation is off-limits for discussion.
A turning point occurred that day.
UC Berkeley extension offered a class on Alternative Dispute Resolution and I became a student of mediator Ron Kelly.
The class was filled with those of the legal community who desired an alternative to litigation, judges wanted to improve on time management ,and master skills in mediation.
The classes were educational and I had a desire to use 30 + years as a Real Estate Broker and apply them to mediation in real estate disputes.
Upon completion, I did one year pro-bono in the Superior Court as a volunteer with East Bay Mediation and made the transition with the SEEDS organization based in Berkeley.
During that year period, I saw a high settlement rate in conflicts, and as a community mediator, we experienced cases that were from A-Z.
My first big break was a Sacramento Landlord who asked for me to mediate landlord tenant issues.
My passion for mediation and conflict cases continued and the next transition was additional education and training by Steven Rosenberg and being accepted as a civil mediator with the Superior Court of Amador County.
Assigned cases by the court were very different than community based mediation's.
Now at the table were professional attorneys and the stakes were higher.
Easement issues, non-disclosure, rescission of real estate contracts and pending law suits.
One specific case is the Superior Court ordered mediation, which was neighbor vs neighbor and physical threats had been made.
The attorney's asked for me to conduct the mediation and knew this was going to trial as they worked over six months to resolve the anger, resentment and physical threats over a blocked easement.
In this case, one of the attorneys did not believe in mediation, however he was going to follow the courts direction.
4-hours later, we had a written settlement and the neighbors left the mediation shaking hands and stating they could be neighbors once again and waive to each other in passing.
The attorney were shocked and pleased with the results.
3 years latter my "turning point" added the Superior Courts of Calaveras, Merced and now Alameda.
Close to 65 + mediation's have been completed, with a goal of 100 and 100 hours of training and education.
My "Turning Point" this week was to join the respected Alameda County Bar Association as an "Associate" under the section of Alternative Dispute Resolution. I'm a non-attorney.
My 33 years as a real estate broker have given me years of experiences in all levels of real estate, from residential, commercial, income property, acreage, taxation issues, probates, landlord/tenant.
My goal is to continue to learn, and share my skills in both real estate and mediation in issues resolving real property.
One of my latest mediation's was a business opportunity that went bad with defective parts in the sale of a Laundromat and the hold back of funds in escrow. The dispute was settled.
My mother is still angry, and that day in Attorney Quinn's office has changed my life and had made me a believer that conflict and mediation can bring about positive results in treating all parties with respect, dignity, honesty and being "neutral" in the conflict and providing an avenue beyond litigation.
Respectfully
Jim W Hildreth
Real Estate Mediation Services
www.RealEstateMediation.org
(209) 536-1103
Friday, April 10, 2009
Kimberly Darr & Jim W Hildreth
Jim W Hildreth of Real Estate Mediation Services, guest speaker Century 21 Wildwood Properties, Twain Harte, CA. Tpoic Real Estate Mediation
Wednesday, April 8, 2009
Mediation Guest Speaker
Jim W Hildreth Real Estate Mediator will be the guest speaker April 10th 2009 at Century 21 Wildwood Properties a Twain Harte Real Estate Brokerage.
Hildreth will share with the agents the advantages of mediation in a real estate dispute.
Hildreth is available to service organizations, bar associations on the topic of Mediation and in particular real property disputes.
Hildreth will share with the agents the advantages of mediation in a real estate dispute.
Hildreth is available to service organizations, bar associations on the topic of Mediation and in particular real property disputes.
Alameda County Superior Court
The Alameda County Superior Court has a outstanding website in the civil division of Alternative Dispute Resolution. (ADR) Interested in the topic of Mediatiion? Arbitration?
There are many advantages in a dispute in Mediation Vs Litigation.
The site is https://apps2.alameda.courts.ca.gov/adr/
Monday, March 30, 2009
Amador County Courthouse
Jim W Hildreth of Real Estate Mediation Services, completed a buyer/seller real estate mediation in Jackson, CA. This was a California Superior Court appointed mediation.
Respects to both Amador County Attorney's and their clients who mediated in in good faith and were resolved in settling the dispute.
Hildreth does both private & court real estate mediations.
Respects to both Amador County Attorney's and their clients who mediated in in good faith and were resolved in settling the dispute.
Hildreth does both private & court real estate mediations.
Saturday, March 28, 2009
Tenants rights in CA with landlord foreclosure
rent a house from a landlord who told me that he bought the home as an investment a few years ago. From what I have read recently, this is the type of homeowner who may be facing foreclosure as a result of the collapse in housing values. I am concerned about my rights if the house I rent goes into foreclosure. Do I have to move if my landlord loses the house in a foreclosure sale?AC = -->
Your rights depend on whether or not you are a month-to-month tenant or you have a lease. For month-to-month tenants, if the property is returned to the mortgage holder or purchased by a new owner, a new California statute effective July 8, 2008, requires that you receive a 60-day written notice to move.
You have no right to remain in the house after the sixty-day notice expires, and if you don't vacate, you may find yourself being served as a defendant in an eviction case, called an unlawful detainer.
Tenants with unlawful detainer judgments on their records find it very difficult to persuade future landlords to rent to them. Tenants with leases can continue to remain in the property until their lease expires, but only in the very limited situation where the lease was signed prior to the mortgage.
This right to remain is stronger if a memorandum of the lease was also recorded with the county, but that is a very rare occurrence. Otherwise, a tenant with a lease is only entitled to the same 60-day notice after the foreclosure is finalized.
Sometimes, new owners or mortgage holders may be willing to compensate a tenant for moving early, offering what is known as "key money" or "cash for keys."
They may also be willing to let a tenant stay for a period of time, but any such extension should be in writing. Beware of paying rent to someone who has already lost the property in foreclosure or someone pretending to be the new landlord.
Jim W Hildreth-Mediator
www.RealEstateMediation.org
Your rights depend on whether or not you are a month-to-month tenant or you have a lease. For month-to-month tenants, if the property is returned to the mortgage holder or purchased by a new owner, a new California statute effective July 8, 2008, requires that you receive a 60-day written notice to move.
You have no right to remain in the house after the sixty-day notice expires, and if you don't vacate, you may find yourself being served as a defendant in an eviction case, called an unlawful detainer.
Tenants with unlawful detainer judgments on their records find it very difficult to persuade future landlords to rent to them. Tenants with leases can continue to remain in the property until their lease expires, but only in the very limited situation where the lease was signed prior to the mortgage.
This right to remain is stronger if a memorandum of the lease was also recorded with the county, but that is a very rare occurrence. Otherwise, a tenant with a lease is only entitled to the same 60-day notice after the foreclosure is finalized.
Sometimes, new owners or mortgage holders may be willing to compensate a tenant for moving early, offering what is known as "key money" or "cash for keys."
They may also be willing to let a tenant stay for a period of time, but any such extension should be in writing. Beware of paying rent to someone who has already lost the property in foreclosure or someone pretending to be the new landlord.
Jim W Hildreth-Mediator
www.RealEstateMediation.org
Subscribe to:
Posts (Atom)
