Tuesday, April 20, 2010

Mediation Training The Basics

As a mediator, I'm often asked by others where do you get your basic training.

To work in the courts at a minimum is your basic plus experience.

Enclosed is a link to basic training that will be in Stockton CA this summer.


Jim W Hildreth Mediator
Real Estate Mediation Services

Wednesday, April 14, 2010

Mediation Alternative Dispute Resolution

April 13, 2010 by Jim W Hildreth Mediator

The Bay Area Buyer finds a home via the marketing of an auction house that is marketing
out of state real estate. He can't believe that he has found a home under $15,000 and he transfers
$3,000 dollars to the sellers bank account as a deposit..

He soon discovers that the property has back taxes and the escrow company chosen by
the seller will not issue title insurance.

He cancels the escrow, however the seller will not return his deposit.

A retired couple makes the decision to downsize, they are on acreage and the acreage
supports vintage California Oaks.

The Oaks require ongoing removal of mistletoe that cost $2,000 a day from a tree service.

The sellers place the home with a real estate brokerage, the property sells and the buyer after close of escrow discovers the true cost to maintain the tree's. The buyer makes threat towards litigation due to non-disclosure.

A San Jose couple have retired and their dream is to own acreage and live the country life.

They move to the foothills and the zoning allows another home to be built. They invite their
daughter and son-in-law.

Half the acreage looks like a park, the other side looks like a scene from the Beverly Hill-bellies.

The daughter and son in-law announce a separation and the property is upside down in value
by $150,000.

Each of these disputes, involved the legal community for advise and direction and all parties
were faced with decisions that both involved stress, financial hardship and options for a law suit.

The neighbor wont allow access for ingress and egress, boulders are placed at one of the entries,
one of the neighbors receives physical threats, the attorney's work on the dispute for over six months and the dispute is going to trial.

The court suggest mediation and one of the attorney's has strong feelings against alternative dispute resolution. The attorney's follow the court's direction and a neutral mediator is selected and the parties meet without their counsel.

The neighbor's come to mediation angry they leave 3 hour's latter with a written settlement.

The wife cries out “We can be neighbor's again”

The attorney's on both side's are shocked and the court is relieved.

Non Disclosure's issues, easements, septic s, wells, water intrusion, partnership breakups
have all been common issues that have come to mediation and have been settled at mediation.

The Berkeley Victorian Home residents who called Berkeley home for 30 years
disclose seepage in the basement in heavy rains. The new buyers discover up to 8” of water for the past 2-years. The remedy of a new French Drain is expensive. The buyers are ready to sue the sellers.

California Real Estate Contracts California Association of Realtors call out for
mediation in a disputes between buyer/seller.

Today the courts are suggesting mediation and Alternative Dispute Resolution has played a major role
in reaching settlements.

In Alameda County Superior Court, local judges have referred over 2,000 cases in the past year to some form of ADR and approximately 700 cases to Panel Mediators.

The Mother Lode community of Jackson Amador County Superior Court has a active ADR Panel with equally positive results in the past year.

Mediation does work if the parties are willing to communicate and make compromises. Each of the
above disputes went the Mediation Route with success.

The Alameda County Bar Association has been active in the ADR Section and as one local
law student who just joined as a member, and stated the educational monthly updates are the “Crown Jewell” of continuing education.

The ACBA Executive Committee of the ADR offers each of us mediators the chance to grow
and meet with fellow members who have a passion for resolving conflict with alternatives vs litigation
that can be costly and time consuming.

Mediation is worthy of consideration the next time you face a new client
opening the gateway to Mediation as an Alternative Dispute Resolution.

Jim W Hildreth Mediator
Real Estate Mediation Services
(510) 647-3600

Tuesday, April 13, 2010

Deposit Dispute

April 13 2010

Jim W Hildreth Mediator of Real Estate Mediation Services was asked to
mediate a dispute over a deposit between buyer & seller.

The Bay Area Buyer was in escrow to purchase a out of state property and
the seller has refused to return the buyers deposit.

Progress is being made with open communications between the parties.

Hildreth's offers Mediation centered around real estate disputes in Northern California.

Sunday, April 11, 2010

Real Estate Dispute

April 11 2010 by Jim W Hildreth Mediator

Real Estate Disputes comes in all shapes and sizes.

The landlord tenant dispute over owed rents, non -disclosure over leakage in a basement, a partnership

dispute on a business transaction or two peope living with one another.

Disputes often come about on poor communication or the lack of communications between the parties.

Simply we have a new generation that may be great with testing, e-mail, but they have forgotten that often its as simple as picking up the telephone.

"My rent will be late, can I make an arrangement with you ?"

"Should I disclose or not disclose that the property fronts a railroad track, its ovious"

"We will be breaking up, who will pay the mortgage?

"The property has annual water seepage only during the winter, should we disclose?"

Often when a dispute occurs it will fester and often the realty today is the next visit is with an attorney.

Today our courts are crowded, they are expensive and time consuming and stressful.

Many states including California have Dispute Resolution as an alternative to litigation. It is broken down to

Mediation & Arbitration.

Mediation in fact does often resolve disputes, if the parties are willing to compromise and listen to one another.

Mediators can be found with a simple serach such as Google or Yahoo for Real Estate Mediation, Real Estate Mediation Services.

Another good national site is http://www.Mediate.com

If your in a dispute, talk to your broker, attorney or legal hot-line about ADR Alternative Dispute Resolution.

Mediators are neutrals and do not take sides or positions, however they have been trained to guide and assist in conflicts.

Jim W Hildreth is a California mediator who's prime focus is disputes involving real estate, he works closely with the real estate and legal community and is both a private and court appointed mediator.

His website is htt://www.RealEstateMediation.org

Friday, April 9, 2010

Tuolumne County Superior Court

The Tuolumne Superior Court has established a new Alternative Dispute Resolution Program of offering mediation in the court.

The initial program will be in small claims court and mediators will be available to assist the parties in their dispute.

Many courts have turned to mediation as an alternative to the litigation side which can be costly and time consuming.

The initial selected mediators for the Sonora Court are Tam Koster, Joe Ferrero, Ed Johnson and Jim W Hildreth.

Hildreth's focus is real estate issues, and and at the local level are issues such as landlord tenant, easements, neighbor to neighbor disputes.

Tam Koster has a strong background on family issues, civil harassment.

Joe Ferrero is an experienced attorney and serves on multiple courts including Amador County.

Ed Johnson has a strong planning background.

Mediation is a value to the parties as they can guide a settlement.

Saturday, April 3, 2010

The Pet Custody Mediator

April 3 2010

As a mediator I have a focus towards disputes with Real Estate. I'm always interested
in other professionals and today discovered a mediator known as "The Pet Custody Mediator"

I once heard comedian Dick Gregory talk about that the selective service was welcome to take his son to fight the war in Vietnam but if he tried to take his dog, we would have a nationwide riot.

In my own breakup, my friend Vicki kept the dogs, I got the cats.

As we are all aware emotions can run high in mediation's and enclosed is the link
to the Pet Mediator http://www.petcustodymediator.net/default.html

Friday, April 2, 2010

Fresno Superior Court Appointment

April 2 2010

The Superior Court of California Fresno has appointed Jim W Hildreth to the panel of Mediators offering Alternative Dispute Resolution.

This appointment was based on experience and background and Hildreth will join other Mediator's available both to the court, the legal community and public at large for mediation.

Hildreth's background is decades of experience with real estate and as a "neutral" he offers all parties the ability to be objective and offers neutrality.

Jim W Hildreth-Mediator

easement trail

easement trail
Originally uploaded by dardilrocks
Jim W Hildreth Real Estate Mediator will take continuing education at the Alameda County Bar Association with challenges that go hand-in hand
with resolving contentious real estate boundary disputes.

Jim W Hildreth of Real Estate Mediation Services has a specialty with real estate disputes and has mediated multiple easement disputes and resolved them in mediation.

One was a landlocked parcel on hundreds of acres in rural Amador County.