Saturday, December 17, 2011

Real Estate Mediation Update 12-17-2011

Real Estate Disputes come in all shapes and sizes.

The seller disclosed the basement leaked a half a inch and the realty is the basement fills to 4 feet in the winter.

The homeowner did not disclose that the septic system is on the neighbors property.

The landlord and tenant are fighting over the security deposit.

The neighbor thought they were doing their a neighbor a favor, after a winter storm and cut down the 60 foot Ponderosa Pine Tree while the neighbor was absent.

The business partners who run a 7 million dollar business and do not have a written partnership agreement.

The homeowner who does not disclose to the buyer, that the sewer backs up 3-4 times per year.

The real estate agent orders a well to be dug for a buyer, the property is in escrow and falls through.

The Buyer who places a deposit of $50,000 dollars into escrow, and cancels the purchase
after waiving all contingencies.

The realty is that most real estate transactions are completed with satisfied buyers and sellers and
there are options in California when a dispute arises.

In California most real estate transaction's, the local real estate community will use forms
from the California Association of Realtors and within that a written agreement is a provision for dispute resolution called Alternative Dispute Resolution or ADR.

In California its broken down to two components.

Mediation and Arbitration.

In recent years, our society has seen a dramatic increase in litigation. Turning to the courts to resolve disputes seems to be an almost instinctive reaction these days. However, the sobering reality is that lawsuits can be financially and emotionally draining for the participants, and can even impact our economy over the long-run. While buyers and sellers of real estate usually are able to negotiate away the little disputes that arise in the course of their transactions, sadly those disputes do sometimes end up in lawsuits.
Fortunately, there are alternatives to litigation for resolving disputes. Mediation is one such alternative that is growing rapidly in popularity--one that can dramatically reduce the time and cost (both emotional and financial) of resolving disputes. In fact, many real estate contracts, including those published by C.A.R., now require the parties to mediate many disputes that might arise between them.

Mediation is the first phase between the parties and Arbitration is a opt in our out, where the parties agree approve or deny.

Mediation is the term used to describe a relatively informal form of dispute resolution that occurs outside of the court system. In mediation, the parties to the dispute are assisted by a neutral third person called a mediator. The mediator is not empowered to impose a decision on the parties; instead the mediator facilitates discussions and negotiation between the parties with the goal of assisting them in reaching a mutually acceptable settlement of their dispute .

How is mediation different from other dispute resolution processes?
To understand how mediation is different from other dispute resolution processes, it is helpful to compare it against the various characteristics of the most common dispute resolution processes in use today: negotiation, litigation and arbitration.
Negotiation is simply the process whereby parties meet to discuss a settlement of their dispute. This can be done face-to-face or through authorized representatives, such as attorneys. Negotiation is usually done outside of the court system and does not have to follow or conform to any formal rules or procedures.
Litigation is an adversarial process whereby the parties submit evidence to a judge or jury and then rely on the judge or jury to make and impose a binding decision regarding the dispute. Litigation is governed by formal rules and procedures of court and generally is time consuming and expensive. Since it is adversarial, litigation is in effect a contest in which a winner and loser are selected.
Arbitration is similar to litigation in that it is an adversarial process whereby the parties submit evidence to a neutral third person (the arbitrator) who then renders a decision regarding the dispute. However, arbitration is usually private and not conducted in the surroundings, or under the formal rules and procedures, of courts. In order to compel another party to arbitrate a dispute, in most cases the parties must have previously entered into an agreement to arbitrate their disputes.
Mediation is different from litigation and arbitration in many respects. Perhaps the most significant difference is that mediation is a non-adversarial process. That is, the parties do not argue their positions and give decision-making power to a third party. Instead, the mediator's role is to assist the parties in achieving a mutually agreeable resolution of their dispute.

There is a exemption, that is a value to the local consumer, starting January 1st 2012, the individual parties can turn to their local California Superior Court, Small Claims Division as long as the dispute does not exceed $10,000, previously is was $7,500.

This process is quicker, cost effective and timely.
In addition many small claims courts may have a panel of mediators available to act as a mediator or neutral.
As an example the Tuolumne County Superior Court has a active mediation panel for Alternative Dispute Resolution and has a settlement rate close to 90% of cases resolved in mediation.
Its best to review the individual programs, available with your individual local court.
This can be done with a quick phone call to the local County Clerk or checking the website
of the individual Superior Court under ADR.

How much does mediation cost and who pays for it?
The cost of mediation depends on a variety of factors. For example, many government agencies sponsor mediation programs for the public, which are available for free or at a nominal cost. However, there are numerous private mediators and mediation services that provide mediation to the public as well. The cost of private mediation can vary but typically includes an initial filing or processing fee plus an hourly fee for the mediator's services, both of which can vary depending on the mediator or mediation service. Parties contemplating mediation should compare mediation providers and their costs prior to selecting a mediation service. Usually the parties agree to divide mediation costs equally between them. This is the case if a California Association form is used.

As to the above example, of a Real Deposit Dispute of $50,000, a mediation can be cost effective vs litigation or a arbitration.
I have settled many disputes where each disputant paid less than $600 each to settle a complex case.

Where do I locate mediators and mediation services?

Mediators and mediation services can be located by looking in the local telephone directory (e.g., under "Mediation," "Arbitration," or "Dispute Resolution"), by contacting government agencies such as the California Department of Consumer Affairs, or by asking an attorney or a local bar association (association for attorneys) for referrals. In addition, many mediation providers maintain Internet websites.
Another way is to do a Google or Yahoo Search under Real Estate Mediation or Real Estate Mediator.

What if mediation does not resolve my dispute?

While mediation is highly successful, in the event mediation does not resolve a dispute, the parties are free to pursue any other system of dispute resolution available to them. For example, if the parties entered into an arbitration agreement, they could pursue arbitration. In the absence of an arbitration agreement, the parties would likely have to resort to litigation.

It should be noted that even if mediation does not resolve the dispute, it is still an effective way of narrowing areas of dispute, allowing the parties to express their feelings, and enabling future proceedings to be more efficient and focused.

Why Litigate when you can Mediate and today the consumer has other alternative in a real estate dispute
versus the cost and stress and litigation.

The author Jim W Hildreth is a California based mediator who is both a private and court appointed
certified mediator who's focus is real estate disputes.

Monday, November 28, 2011

2012 Mediations

Jim W Hildreth Mediator is now scheduling 2012 mediation's

We specialize in real estate disputes in Northern California, serving the San Francisco
Bay Area, Central Valley & Mother Lode.

Questions about the mediation process, give us a call, will be happy to answer
any and all questions.

Jim W Hildreth-Mediator
Real Estate Mediation Services
(209) 988-3905 or  (510) 647-3600

Tuesday, October 25, 2011

Alameda County Bar Association

I will be attending as a Real Estate Mediator. New Developments in Landlord-Tenant Law Jim W Hildreth #Mediator
Location: Alameda County Bar Association, Suite 200, 70 Washington Street, Oakland.
Description: Landlord-tenant law is constantly changing. This program will discuss new cases and statutes dealing with eviction procedure, wrongful eviction lawsuits, rent control, tort liability, and other issues. The panelists – experts with long experience handling landlord-tenant cases – will emphasize the practical effects of these new developments on clients and practitioners. Robert DeVries, Esq., who has represented both landlords and tenants for many years, will join Professor Moskovitz on the panel.

Sunday, August 7, 2011

Sonora, Ca Courthouse

Sonora, Ca Courthouse by jaccie
Sonora, Ca Courthouse, a photo by jaccie on Flickr.

The office of Jim W Hildreth Mediation

Via Flickr:
View of the top of old courthouse from our front yard in Sonora, Ca

Saturday, July 16, 2011

Angels Theatre in Angels Camp, CA

Jim W Hildreth Mediator has been selected to mediate a real estate dispute between a landlord and tenant in the city of Angels Camp in Calaveras County. The dispute involves lease terms on a commercial building. Hildreth's focus is disputes involving California Real Estate.

Sunday, July 3, 2011

Testimonial Recieved June 29 2011


Dear Judge Boscoe

Thank you assigning Jim W Hildreth as our mediator. Without his help we
would have never resolved the case.

Jim was very patient with the defendant and extremely conscientious and attentive to me as the plaintiff.

Mediation saved me money and the need for a trial.

What ever your paying Jim Hildreth is not nearly enough. His help was remarkable and irreplaceble.

Plaintiff ED Santa Cruz

Tuesday, June 28, 2011

Tuolumne County Courthouse Mediation

I have worked for months on a dispute involving co-owners of a property. The mediation brought about many changes and today we reached a settlement agreement and mutual release in mediation. It was a pleasure working with all sides, including Attorney David Hamerslough of San Jose.

Monday, June 13, 2011

Mediation Requirement C.A.R. Independent Contractors between Brokers/Agents

C.A.R. will release a revised standard form Independent Contractor Agreement (Form ICA) through zipForm® on or about June 15, 2011.  As between brokers and their salespersons and broker associates, the ICA will now mandate mediation for any disputes that may arise and, if mediation fails, the ICA recommends, but does not require, arbitration at the local Association of REALTORS® (AOR).  C.A.R. revised the ICA because a previous version requiring arbitration of disputes at the AOR, absent more, was recently deemed unenforceable in the Fourth District as discussed below (Wherry v. Award, Inc. (2011) 192 Cal.App.4th 1242, 123 Cal. Rptr.3d 1, review denied (April 27, 2011)).  This case does not impact the overwhelming majority of arbitrations which are those between REALTORS® of different firms.  It also does not impact the arbitration clause in the C.A.R. Residential Purchase Agreement, Residential Listing Agreement, and other C.A.R. forms. 

Friday, June 3, 2011

Tears fall at a Mediation

The Historic Court House with marble floors and old fashioned wrought iron was the backdrop for a lawsuit that involved landlord & tenant.

The two men stared and would not look at one another, the court called out their names. They both responded with a yes and what caught my eye as the court appointed mediator, is they shared the last name.

The crowded court room was silent and the voice of the judge said the landlord tenant would be going to mediation and if it did not work out a trial would be that day.

I was assigned that mediation, and I asked the silent men to follow me to the jury assembly room.

I introduced myself and asked if the were related?.

The response in a muffled tones were they we were father and son.

Father had previously evicted his son and received a judgment from another judge, today was trial for damages for the maximum allowed in a California Small Claims of $7,500

The father and son each told a story, demanding of money and the other willing to go to trial.

Something told me there were issues deeper than the demand of $7,500.

I suggested that I would like to share time with each of them and their our conversation's would be confidential.

As time passed, the landlord tenant issue was only the tip of the iceberg, and issues of anger, resentment, trust, control, love, the introduction and desire to see for the first time a grandchild by a grandfather surfaced.

Memories of camping and fishing trips in years past. A failed marriage.

The father burst out with tears flowing, that it was not about the money, but wanting a son to be in his life, as he loved him.

He wanted only a telephone call, a birthday card  and a dream of seeing a grandchild.

I took a deep breath and my own tears began to flow, the 2nd time in my 5 year mediation career.

The son wanted to trusted and not be controlled. He wanted his independence.

Both new that family was important but neither side would budge.

Little by little, as the neutral, I began a process of building trust and offering empathy.

I took a risk and as the mediator I rose from my chair and asked them to hold my hand and offered that at that moment it was a time to start the healing process, I then asked them to shake and touch each others hand with a handshake.

The two joined, hand to hand, father to son, son to father.

In the mediation the father dropped his lawsuit and the written agreement between one another was stated , "Father and Son have begun a healing process to preserve a family relationship".

Upon return to the court, the judge reached out to both father and son and accepted the settlement, knowing that new beginnings were made possible and family unity had the greater value than a judgment.

As a the mediator, my own tears flowed with the emotion of a family dispute that went deeper and beyond a landlord tenant dispute.

I am glad that I played a role as a mediator in being apart of bringing a family together.

Mediation is a valued alternative to litigation.

Jim W Hildreth is a California based mediator who's focus is Real Estate Disputes.

Saturday, May 28, 2011

What was home owner thinking?

What were homeowners thinking ? Homeowner Assoc/Homeowner have a dispute involving violations of CCR's. Mediation brings about settlement waiving attorney fee's, if homeowner agrees to a 30, 60, 90

plan for compliance. Home owner refuses to sign agreement, time has expired and Association gave home owner a carrot to comply waiving legal fees $20k+. Fee's now exceed $40k and homeowner association will now settle assuming homeowner can show compliance and legal fee's paid. Homeowner was pro-per. As the mediator, we reached a full settlement, the next step may be a costly trial that will exceed 100K.

Monday, May 16, 2011

Real Estate Deposit Dispute

Are you aware with a client who is having a dispute over a real estate deposit?

Cost effective mediation may be the answer for resolve.

Cost Saving, Confidential and experienced in Real Estate.


Jim W Hildreth Mediator
Real Estate Mediation Services
950 S Washington St
Sonora, CA. 95370
(209) 536-1103

248 Third St, Suite 614
Oakland, CA. 94607
(510) 647-3600

Wednesday, May 11, 2011

Advantages to Mediation

Advantages to Mediation v Arbitration or Litigation From First Tuesday

Mediation: a viable alternative
Rather than immediately resorting to the costly and adversarial process of arbitration or litigation, in recent years the trend in real estate sales transactions indicates disputants favor the use of mediation. [For more information regarding mediation, see the August 2008 first tuesday article, Mediation: best, faster dispute resolution.]
Litigation is, at its heart, a deeply adversarial process which ends with a spurned “loser” who can then move on to draw out the dispute in a time-consuming and costly appeals process. Arbitration is also an adversarial process that functions similarly, shunting the disputants into “winner” and “loser” roles with feet set in concrete.
Only with mediation’s familiar arena of offer and counteroffer between the feuding parties in a face-to-face environment, as nurtured by the mediator, do disputants have the ability to come to a mutually crafted and agreed-to solution — the main advantage mediation has over actions in litigation or arbitration where one party wins and one loses (or both lose).
The extremely low cost of mediation, in terms of time and money, has been deemed another major benefit of the process. Consider as part of the cost the time involved in mediation versus the time involved in litigation or arbitration. Litigation can be drawn out for years with various pre-trial, discovery and appeals processes, all while attorneys’ billable hours soar. Arbitration may also last years and, in addition to contracted-for payment of the winner’s attorney fees, the loser is responsible for paying the arbitrator’s costs and fees.
However, mediation is typically a quick process lasting a few hours over a period of a few weeks, depending on the number of disputants and the complexity of the dispute. There are no lengthy waits for court hearings and no need for discovery or witnesses since the resolution is in the hands of the disputants themselves, again as encouraged and moved along by the mediator.
In addition to these benefits, the use of mediation also provides a solution to a dispute without adding or falling subject to the backlog of cases burdening the legal system.
Mediation does have its limits. In real estate matters, mediation is limited to resolving disputes involving buyers and sellers. Landlord-tenant disputes and trust deed defaults are largely based on very specific statutory requirements for performance which are either satisfied or unsatisfied, leaving little room for discussion. Mediation is a tool best used by disputants in sales of property and agency disputes.

In pursuit of justice
If mediation is not possible, disputants seeking a fair and final decision need to prepare for their only real option: litigation. There is no rational reason to risk an arbitrator making an erroneous decision barred from judicial review when a sound judgment held accountable under the law can be obtained for about the same cost and in nearly the same amount of time.
The responsibility of educating buyers and sellers of real estate about the toxicity of arbitration rests on the shoulders of their agents and brokers, who must advise their client on the consequences of initialing the provision and triggering its enforceability. Brokers who require their agents to use the trade union’s purchase agreement must make a point of providing their client with the full extent of their knowledge regarding the risks of arbitration.
Aside from the multitude of arguments against arbitration, one simple fact prevails: rather than expeditiously resolving disputes, arbitration creates disputes. Consider this axiom of business conduct: if an aspect of real estate sales transactions is known to create disputes, especially when that aspect was designed to limit them, it must be avoided.
Future homebuyers can be shepherded past the snare of arbitration by the gatekeepers of real estate who fully understand the danger of initialing and thus agreeing to the binding provision. As the devastating wounds of the Great Recession begin to heal in this plateau recovery and the California real estate market arms itself to abide by broader consumer protection laws, homebuyers will soon resent any failure to disclose the risks involved in arbitration. [For more information regarding the new real estate paradigm, see the May 2010 first tuesday article, Looking through the window towards recovery: a real estate paradigm shift — Part I and Part II.]Email (required but will not be published)

Monday, May 9, 2011

Thursday, April 21, 2011

Neighbor Dispute

Neighbor Dispute lands in Superior Court between Straight and Gay Community, threats, gay bashing.
Court and parties agree to mediation and Jim W Hildreth mediator is assigned the case.

Within 2-hours the parties are allowed to speak freely and a settlement occurs.

The human emotion goes beyond just plain real estate and the parties can often resolve issues with a neutral party if willing.

Hildreth has offices both in Oakland and Sonora, CA

Neighbor Dispute

The neighbors who shared a duplex came before the Superior Court for the request of a Restraining Order
with physical threats between a straight tenant and a gay couple.

Fear, law enforcement was called and the request for a "Stay Away"

The Superior Court suggested mediation and Jim W Hildreth was selected as the court appointed mediatior.

Within 2-hours mediation allowed the parties to craft a settlement and allowed the parties to take the emotionally charged dispute and reach for a settlement

Jim W Hildreth Mediator has office in Oakland & Sonora, CA

Jack London & Tall Ships

Jack London & Tall Ships by JimHildreth
Jack London & Tall Ships, a photo by JimHildreth on Flickr.

Jim W Hildreth of Real Estate Mediation Services open Mediation office at Jack London Square in Oakland, CA 94607

Tuesday, April 5, 2011

Travels with my Camera 12-17-2010

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Travels with my Camera, a set on Flickr.

We had a long winter and these photo's reflect the holiday spirit found on a cold wet day in Sonora, CA. One cannot take away the human spirit of song and celebration.

Friday, April 1, 2011

Tuolumne County Superior Court

10-10-10 by JimHildreth
10-10-10, a photo by JimHildreth on Flickr.
Real Estate Mediation Services Jim W Hildreth is dedicated to providing a cost-effective and efficient alternative to litigation.

San Francisco Bay Area, Central Valley & Mother Lode.

176 Bradford St Sonora, CA

176 Bradford St by JimHildreth
176 Bradford St, a photo by JimHildreth on Flickr.

Jim W Hildreth Sonora, CA Real Estate Brokerage has a Pending Sale on 176 Bradford Avenue. Hildreth has been marketing real estate in Sonora for 34 years.

He is a Sonora expert.

Friday, March 25, 2011

Tuolumne County Superior Court Sonora, CA 95370

Sonora, CA 95370 by JimHildreth
Sonora, CA 95370, a photo by JimHildreth on Flickr.
I was asked today by the Superior Court to mediate a family dispute between two family members.

After reading the case Commissioner Kim Knowles suggested that mediation could play a role.

The pain and anger was very clear and I applaud the judge for giving mediation a chance where the family members were encouraged to open and share feeling that were often raw in emotions.

I applaud the court for going the extra mile and being sensitive. I applaud the court of the support and value of family.

The mediation did occur and  settlement .. Perhaps the mediation planted seeds for future embracing and dialog.

Family unity and bonding is good for a community.

Sunday, March 20, 2011

Acreage living Real Estate Dispute

Sometimes rural neighbors fight over easements as to the allowance of ingress egress, who should close the gate.

A Sonora California dispute has ended up in the courts over 2 neighbor adjoining parcels of who may or may not have a easement.

Litigation has been ongoing, surveyors have been called. The dispute has bee costly for all sides.

The Superior Court, County of Tuolumne has suggested mediation and all sides have agreed to voluntary mediation with Jim W Hildreth Mediator of Real Estate Mediation Services.

Mediation will allow the parties to openly discuss in a neutral setting their individual conflicts and the goal will be to come to some terms of settlement for access.

Saturday, March 19, 2011

Alameda County Courthouse

Real Estate Dispute in Alameda County?

Jim W Hildreth Mediator offers Real Estate Mediation Services to residents of Alameda County.

Detailed information about mediation is available.

Real Estate Dispute

Housing by james.thompson
Housing a photo by james.thompson on Flickr.
California Real Estate Dispute? Seller-Buyer, real estate deposit dispute. Information about Mediation, Real Estate Mediation Services.

Offices of Jim W Hildreth  Mediator
Real Estate Mediation Services

Saturday, March 12, 2011

Tuolumne County Superior Court

The California Supreme Court held that the mediation confidentiality statutes cover all communications before, during and shortly after a mediation, and that all such communications are not discoverable or admissible by reason of the statutes.

Saturday, March 5, 2011

San Andreas Main Street

San Andreas Main Street by JimHildreth
San Andreas Main Street a photo by JimHildreth on Flickr.
Breach of Real Estate Contract Resolved in Mediation.

The breach of contract wit ha real estate dispute festered for over 5 years.

The parties made the decision to try Alternative Dispute Resolution, vs ongoing litigation.

The confidential mediation in San Andreas allowed the parties to speak freely and craft a settlement.

Jim W Hildreth of Real Estate Mediation Services was the chosen Mediator and acted as a neutral for both parties.

Monday, February 21, 2011


Originally uploaded by Uncle Phooey
Neighbor Dispute? Easement Dispute? Mediation can help.

Alternative Dispute Resolution vs Litigation.

Real Estate Mediation Services of Jim W Hildreth

Sunday, February 20, 2011

Tuolumne County Superior Court Sonora, CA 95370

Originally uploaded by JimHildreth
Jim W Hildreth mediator has been asked to mediate civil disputes this week in the Tuolumne County Superior Court in Sonora, CA.

Hildreth's focus are disputes in involving real estate issues, however in court, mediation can be any type of civil dispute or conflict.

The mediation program in Tuolumne County has a 75% settlement rate between the parties.

The court fully endorses ADR Alternative Dispute Resolution.

Friday, February 18, 2011

Preservation Park Oakland, CA

Preservation Park
Originally uploaded by JimHildreth
Jim W Hildreth Mediator completed continuing education in Oakland California on disputes involving fencing disputes with conflicting boundaries.

Hildreth, is a Mediator with Real Estate Mediation Services and he serves Alameda County and the City of Oakland as a neutral in offering Alternative Dispute Resolution.

Saturday, February 12, 2011

Sunrise At The Lake, Groveland, CA

Sunrise At The Lake
Originally uploaded by eileenbrosius
Pine Mountain Lake is in Groveland CA. The Tuolumne County Superior Court assigned Jim W Hildreth as mediator involving a dispute with the association and a homeowner.

The court suggested that mediation play a role vs on going litigation.

Hildreth looks forward in working with both the homeowner and the association for resolve.

Alameda County Bar Association

Jim W Hildreth recently took continuing education on Arbitration and Mediation from Attorney's Kelly Balamuth & Chris P Lavdiotis in Oakland, CA at the Alameda County Bar Association.

Jim W Hildreth serves on the Real Estate Section on the executive committee. As a mediator his focus are disputes involving real estate.

Wednesday, February 9, 2011

Court St, Jackson CA

Court St, Jackson CA
Originally uploaded by JimHildreth
A Jackson California Real Estate Dispute occurred between buyer and seller over non-disclosure issues.
The California real estate contract called out for mediation as to Alternative Dispute Resolution.
The dispute was resolved in mediation and the mediator was Jim W Hildreth of Real Estate Mediation Services.

Friday, January 21, 2011

Auburn CA Courthouse

Auburn CA Courthouse
Originally uploaded by JimHildreth
Was involved in a dispute today, where the plaintiff was asking for One Million Dollars from the Defendant.
Settled in 4.5 hours. A Partnership and Real Estate Dispute. In litigation for 4 years. Nearly $100,000 in Attorney fee's.

Mediation does work.

Plaintiff said they should have gone to mediation 4 years ago

Jim W Hildreth of Real Estate Mediation Services was one of the two mediators who acted as a team of "neutrals". Mediators.

Wednesday, January 19, 2011

Modesto Amtrak Station

Modesto Amtrak Station
Originally uploaded by bravoinsd
Today I had a meeting at the Alameda County Bar Association that is located at Jack London Square in Oakland, CA.

Rather than drive from Sonora to Oakland, I drove to Modesto and hopped on Amtrak.

The train was clean, efficient and what a bargain $19.00 each way and if I had made the reservation 3 day's in advance, I would have received a AAA discount of 10%.

I was able to pull out the laptop, with fresh cup off coffee, purchased in the dining car, read a morning paper and before I knew it, I was in Oakland.

Talk about "green" living.

The San Joaquin Amtrak Line runs from Oakland on the North side to Bakersfield on the South.

I arrived at my meeting fresh, completed multiple reports and the scenery of migratory bird life made my trip a real pleasure.

Jim W Hildreth is a mediator who calls Sonora, Ca home, however he does real estate mediation's in the San Francisco Bay Area and Central Valley.

Saturday, January 15, 2011

Jim W Hildreth Mediator

Jim W Hildreth
Originally uploaded by JimHildreth
Jim W Hildreth Mediator has been assigned a real estate dispute in Sonora, CA by the Superior Court over a partition of a Tuolumne County home, that includes a breach of contract.

The mediation will include all options that will allow the co-owner to continue the residency, while meeting the needs of the other co-owner.

Mediation may allow the parties to settle differences and thus avoiding further litigation..

Hildreth mediates real estate disputes in Northern California and covers the San Francisco Bay Area, Central Valley and Gold Country.

He can be reached his website at

Friday, January 14, 2011

Tuolumne County Superior Court, Sonora, CA 95370

Sonora, CA 95370
Originally uploaded by JimHildreth
As a mediator in disputes, we often see raw emotions displayed often with anger, resentment.

A recent mediation was with couple who had completed a breakup over a year ago.

The dispute was over the division of personal property acquired with their relationship together over 10 years.

For both, a dog they both loved was important to both. In addition personal property that had memories.

The couple turned to the court, and the court suggested mediation for potential resolution.

3.5 hours of mediation with a pair of trained neutrals, assisted the transition with a written agreement among the disputants.

Mediation does work, and can be effective in partnership disputes.