Happy 4th my friends.
Wednesday, July 4, 2012
Tuesday, July 3, 2012
Mediation ADR Advantages
ADVANTAGES OF ADR
ADR can have a number of advantages over a lawsuit.
•
ADR can save time. A dispute often can be resolved in a matter of months, even weeks, through ADR, while a lawsuit can take years.
•
ADR can save money. Court costs, attorney fees, and expert fees can be saved .
•
ADR can be cooperative. This means that the parties having a dispute may work together with the neutral to resolve the dispute and agree to a remedy that makes sense to them, rather than work against each other.
•
ADR can reduce stress. There are fewer, if any, court appearances. ADR can be speedier, and save money and because the parties are normally cooperative, ADR is easier on the nerves . The parties don't have a lawsuit hanging over their heads for years.
•
ADR encourages participation. The parties may have more chances to tell their side of the story than in court and may have more control over the outcome.
•
ADR is flexible . The parties can choose the ADR process that is best for them. For example, in mediation the parties may decide how to resolve their dispute.
•
ADR can be more satisfying. For all the above reasons, many people have reported a high degree of satisfaction with ADR.
Superior Court,
Saturday, June 30, 2012
Tuolumne County Superior Court
Do not risk loosing Attorney fees in California Real Estate Disputes awarded to the prevailing party in litigation. Mediate that dispute first.
Cullen vs. Corwin C-067861 06-07-12
Wednesday, June 20, 2012
California Landlord Tenant Dispute
The California landlord and tenant have a one year lease. The landlord insist on a one year extension. Landlord prepares a written extension and signs the document. Tenant refuses to sign the extension.
A physical fight develops and tenant end up in hospital with a $6,000 medical bills.
Both the Landlord and tenant insist the other provoked the fight.
Each files criminal assault charges against one another.
Landlord seeks emergency legal advise. No attorney's are available that day.
A mediator is called for a "emergency", landlord insist on an emergency mediation, however his real intentions is a "walk thru" as he wants tenants out.
Tenants refuse the mediation request and then change their mind, after trusting the mediator.
All parties agree to meet with the out of town landlord and mediator. The walk thru is not a mediation, and landlord further agitate tenants and they advise the landlord to leave their home.
Mediator's suggestion is let things settle down for a few days. Landlord want to serve a 3-day notice.
Landlord call both the tenants and mediator over and over wanting instant results.
Landlord promises mediator payment in full within days. Check does not arrive.
Landlord makes decision to partially pay mediator as he does not want to pay for 40 minutes of phone time prior to the walk thru.
Landlord claims wife sent check, landlord promises check will be in mail.
Tenants refuse to pay current rent as they do not trust the landlord.
Landlord has $3,000 security deposit.
Tenant's cant move unless they have their security deposit returned.
Mediator suggest a draft settlement.
Both landlord and tenant refuse to pay mediator, landlord sees it as a no value and tenant has no funds.
Landlord suggest a extra 30 days, with the same rent, but wants late charges weeks that equals $250 dollars, the previous late charge was $50.00
Looks like this dispute may end up in court.
All in a days work, as a California mediator.
Jim W Hildreth-Mediator
Real Estate Mediation Services
http://www.RealEstateMediation.org
A physical fight develops and tenant end up in hospital with a $6,000 medical bills.
Both the Landlord and tenant insist the other provoked the fight.
Each files criminal assault charges against one another.
Landlord seeks emergency legal advise. No attorney's are available that day.
A mediator is called for a "emergency", landlord insist on an emergency mediation, however his real intentions is a "walk thru" as he wants tenants out.
Tenants refuse the mediation request and then change their mind, after trusting the mediator.
All parties agree to meet with the out of town landlord and mediator. The walk thru is not a mediation, and landlord further agitate tenants and they advise the landlord to leave their home.
Mediator's suggestion is let things settle down for a few days. Landlord want to serve a 3-day notice.
Landlord call both the tenants and mediator over and over wanting instant results.
Landlord promises mediator payment in full within days. Check does not arrive.
Landlord makes decision to partially pay mediator as he does not want to pay for 40 minutes of phone time prior to the walk thru.
Landlord claims wife sent check, landlord promises check will be in mail.
Tenants refuse to pay current rent as they do not trust the landlord.
Landlord has $3,000 security deposit.
Tenant's cant move unless they have their security deposit returned.
Mediator suggest a draft settlement.
Both landlord and tenant refuse to pay mediator, landlord sees it as a no value and tenant has no funds.
Landlord suggest a extra 30 days, with the same rent, but wants late charges weeks that equals $250 dollars, the previous late charge was $50.00
Looks like this dispute may end up in court.
All in a days work, as a California mediator.
Jim W Hildreth-Mediator
Real Estate Mediation Services
http://www.RealEstateMediation.org
Saturday, June 9, 2012
Amador County Superior Court
A trail is set in early July 2012, for a partnership that has gone sour. The challenge is none of the partners had a written agreement, and millions of dollars are on the table. The case was sent to mediation and a second mediation is set prior to trial as a last ditch effort to attempt to bring the parties together in some form of resolve, thus avoiding a costly and emotional trial. Jim W Hildreth is the mediator neutral of Real Estate Mediation Services.
Oakland Skyline
Will complete this week in Oakland, CA a real estate mediation, involving a foreclosure and the owner of the fourplex. At the table will be multiple attorneys and the parties of record. Jim W Hildreth is the mediator neutral. http://www.RealEstateMediation.org
Friday, June 8, 2012
Jim Hildreth Mediator
As a mediator, I travel from city to city in Northern California, doing real estate disputes. I like mediation and the satisfaction, that often it opens the doors to resolve disputes vs ongoing litigation. We have just taken the next step of offering mediation's CA via http://www.VirtualCourthouse.com. We can lower your cost and safe time.
Real Estate Mediation Services of Jim W Hildreth (209) 988-3905
http://www.RealEstateMediation.org
Subscribe to:
Posts (Atom)
