Reminder Californians

Contaminated Smoke Detector, a photo by rport on Flickr.

Just a reminder, The bottom line is that ALL SINGLE FAMILY 1-4 dwelling California residential dwelling units as of July 1, 2011 must have a CO detector, even those that are not being sold. All other dewlling units (multi-family, dormatories, hotels, motels, etc) must have CO detectors installed by January 1, 2013.

Columbia Stage Coach

Columbia Stage Coach, a photo by JimHildreth on Flickr.

In the past five years, I have done some interesting mediation's, from a stolen tractor, guns, a mummy cat, dog disputes and today I was asked to mediate a dispute involving a passenger on a stage coach.

I look forward in being the mediator.

4th of July Ironstone Vineyards

4th of July Ironstone Vineyards, a photo by JimHildreth on Flickr.

Happy 4th my friends.

Mediation ADR Advantages

Untitled, a photo by TulipFleurs on Flickr.

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,

Tuolumne County Superior Court

Tuolumne County Superior Court, a photo by JimHildreth on Flickr.

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

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

Amador County Superior Court

Amador County Superior Court, a photo by JimHildreth on Flickr.

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.