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.
Showing posts with label Disputes. Show all posts
Showing posts with label Disputes. Show all posts
Friday, June 3, 2011
Friday, April 1, 2011
Tuolumne County Superior Court
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.
San Francisco Bay Area, Central Valley & Mother Lode.
Saturday, March 5, 2011
San Andreas Main Street
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 http://www.RealEstateMediation.org was the chosen Mediator and acted as a neutral for both parties.
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 http://www.RealEstateMediation.org was the chosen Mediator and acted as a neutral for both parties.
Monday, February 21, 2011
Neighbors
Neighbor Dispute? Easement Dispute? Mediation can help.
Alternative Dispute Resolution vs Litigation.
Real Estate Mediation Services of Jim W Hildreth
http://www.RealEstateMediation.org
Alternative Dispute Resolution vs Litigation.
Real Estate Mediation Services of Jim W Hildreth
http://www.RealEstateMediation.org
Friday, January 21, 2011
Auburn CA Courthouse
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.
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.
Friday, January 7, 2011
My Mediation Office
Yesterday I did a mediation, where the dispute involved neighbors and the shooting of a dog. The dog did survive and the dog owners did have anger, frustration,a large vet bill. The shooter felt his livestock was at threat.
The emotions were high, they lived next to each other.
The Superior Court was wise to suggest mediation vs a trial as a first step.
The parties were able with mediation to understand each others viewpoint and a settlement was reached, that will begin the healing process.
As the mediator, value was in the process.
Jim W Hildreth is a Northern California mediator who does both private and court ordered mediations.
The emotions were high, they lived next to each other.
The Superior Court was wise to suggest mediation vs a trial as a first step.
The parties were able with mediation to understand each others viewpoint and a settlement was reached, that will begin the healing process.
As the mediator, value was in the process.
Jim W Hildreth is a Northern California mediator who does both private and court ordered mediations.
Monday, December 20, 2010
Fighting Addictions
Mediation involves disputes and addictions play a large role in our day to day activities and the following KCBS link is valuable towards steps of recovery.
I thank KCBS for this topic, it is well worth the discussion.
http://sanfrancisco.cbslocal.com/2010/12/19/kcbs-in-depth-fighting-addiction/
I thank KCBS for this topic, it is well worth the discussion.
http://sanfrancisco.cbslocal.com/2010/12/19/kcbs-in-depth-fighting-addiction/
Sunday, December 19, 2010
Addiction: Prescription Drugs
As we approach the holidays, we celebrate with our families, we share gifts, we watch the magic of delight with children as they open presents.
For many holidays may not be the holidays as we have had in our lives.
Last week while sitting in family court, the realty of shared custody, anger, resentment, substance abuse were a realty that goes beyond on our holidays.
Alcohol abuse has been apart of my family history going back for generations and today both drug of choice seems to run rampant in our society.
The impacts effect every family member in some manner and those impacts impact society.
My blog today is not about making accusations, but offering a messaage that being sober, loving life, is a worthy goal for ones self
in the steps of recovery.
I'm so apprecitive of the 12 step programs offered in each of our communities, as they offer support, love, guidance. AA, NA, ACOA,
Co-Depencdency.
In our economic times, its so easy to alter our behaviors often in a self destructive pattern.
Perhaps this message, may be a the keys of opportunity, that will give us the support in developing our own journey that we can reclaim our lives today and for tomorrow.
Being sober, love of self, love of our future generations, is well worth the reminder during our upcoming holidays.
Jim W Hildreth
Thursday, November 18, 2010
Tuolumne County Superior Court
The economy is causing many conflicts and those who mediate, work in the judicial system must be prepared for anger, resentment, and behaviors that are a mirror to today's stress of individuals who are often holding on by their finger nails.
Patience and understanding are a virtue of those who mediate.
Jim W Hildreth is a Sonora, CA mediator who's focus are real estate disputes.
Patience and understanding are a virtue of those who mediate.
Jim W Hildreth is a Sonora, CA mediator who's focus are real estate disputes.
Friday, November 5, 2010
Tuolumne County Superior Court
Jim W Hildreth mediator completed an assigned mediation for the Tuolumne County Superior Court (Sonora, CA) with a dispute involving neighbor vs neighbor over a fence.
Joining in the mediation was Stephen R Zalkind attorney from Amador County, (Jackson, CA)
The dispute was settled.
Joining in the mediation was Stephen R Zalkind attorney from Amador County, (Jackson, CA)
The dispute was settled.
Friday, October 29, 2010
Tuolumne County Superior Court Sonora, CA
Home owner cuts up construction grader into 7 pieces. Plaintiff sues for vandalism and Felony damages. Dispute settled in Mediation. Jim W Hildreth acted as the Mediator for the Tuolumne County Dispute.
Saturday, August 21, 2010
Concrete Sun
The manufacture of concrete products went out of state for six months.
His employee and he exchanged verbal instruction on the day to day operations, including a possible sale in the future.
Employee sold the business which included a bill of sale and paid bills.
He did not have any written authority
Employor was going to file criminal charges. The business had a new owner.
Jim W Hildreth Mediator was asked to mediate the dispute, prior to civil and criminal charges.
The parties aired the dispute, which was heated, the parties resolved the dispute.
Courts, attorneys and mediators have learned that its always best to have it in writing and verbal agreements have different opinions by the parties.
Mediation was valuable in this dispute.
His employee and he exchanged verbal instruction on the day to day operations, including a possible sale in the future.
Employee sold the business which included a bill of sale and paid bills.
He did not have any written authority
Employor was going to file criminal charges. The business had a new owner.
Jim W Hildreth Mediator was asked to mediate the dispute, prior to civil and criminal charges.
The parties aired the dispute, which was heated, the parties resolved the dispute.
Courts, attorneys and mediators have learned that its always best to have it in writing and verbal agreements have different opinions by the parties.
Mediation was valuable in this dispute.
Sunday, July 11, 2010
Tuolumne County Superior Court
Has the Judge Ordered Mediation?
Jim W Hildreth Mediator, can meet your mediation, court ordered mediation's.
Serving the SF Bay Area, Central Valley & Mother Lode.
A Neutral who is experienced involving Real Estate Disputes.
By Appointment- Mon-Saturday
Jim W Hildreth Mediator
www.RealEstateMediation.org
(510) 647-3600 or (209) 988-3905
Jim W Hildreth Mediator, can meet your mediation, court ordered mediation's.
Serving the SF Bay Area, Central Valley & Mother Lode.
A Neutral who is experienced involving Real Estate Disputes.
By Appointment- Mon-Saturday
Jim W Hildreth Mediator
www.RealEstateMediation.org
(510) 647-3600 or (209) 988-3905
Friday, June 4, 2010
Attorney Dispute
Today Jim W Hildreth of Real Estate Mediation Services did a real estate mediation between an attorney and the landlord in California.
The 4 hour mediation brought out a settlement between the parties.
Hildreth's focus is disputes involving real estate.
The 4 hour mediation brought out a settlement between the parties.
Hildreth's focus is disputes involving real estate.
Friday, May 28, 2010
Tuolumne County Superior Court
Two Mediation's today in the Tuolumne County Superior Court. A Landlord-Property manager dispute the other a personal injury.
Jim W Hildreth Mediator Sonora, CA
Jim W Hildreth Mediator Sonora, CA
Saturday, May 22, 2010
Tuolumne County Courthouse
Jim W Hildreth has been appointed by the Tuolumne County Superior Court to act as a mediator over a construction defect case in the Sonora Superior Court.
The disputants are represented by Attorney's Joseph Wright and Kate Segerstrom two excellent Sonora Attorneys.
Mediation, offers a alternative to lengthy and costly litigation.
Mediator Hildreth, works in multiple courts and he can be contacted via his website. http://www.RealEstatemediation.org
The disputants are represented by Attorney's Joseph Wright and Kate Segerstrom two excellent Sonora Attorneys.
Mediation, offers a alternative to lengthy and costly litigation.
Mediator Hildreth, works in multiple courts and he can be contacted via his website. http://www.RealEstatemediation.org
Thursday, May 13, 2010
"Woodfall's Law of Landlord and Tenant"
The young couple had been renting from the landlord for several years, the landlord offered them a opportunity to relocate to the family home as they were going to rent the home for several years as the market was depressed.
The landlord encouraged the husband and wife to take an active role in the remodeling that included painting, refurnishing the hardwood floors.
The couple jumped at the opportunity and spent hundreds of hours in transforming the home.
Words were used such a lease option and your time will be worth your extra efforts.
The home was in the best shape in decades and the home was shining with its new look.
The couple was weeks away from moving in and the landlord dropped a "bombshell" on the couple.
The landlord announced, the home had been sold.
To add insult to injury the couple was served with a 60 day notice to vacate their present home as that property was going to go on the market.
The double blow seems unreal.
An attorney for the tenant couple was prepared to file litigation.
The couple stated they had trusted the landlord and went against their own judgment to have something in writing.
The lesson is that its always best to put things in writing and form an agreement.
If a problem does occur, it will add weight as to the intent of the parties.
Jim W Hildreth is a Real Estate Mediator
The landlord encouraged the husband and wife to take an active role in the remodeling that included painting, refurnishing the hardwood floors.
The couple jumped at the opportunity and spent hundreds of hours in transforming the home.
Words were used such a lease option and your time will be worth your extra efforts.
The home was in the best shape in decades and the home was shining with its new look.
The couple was weeks away from moving in and the landlord dropped a "bombshell" on the couple.
The landlord announced, the home had been sold.
To add insult to injury the couple was served with a 60 day notice to vacate their present home as that property was going to go on the market.
The double blow seems unreal.
An attorney for the tenant couple was prepared to file litigation.
The couple stated they had trusted the landlord and went against their own judgment to have something in writing.
The lesson is that its always best to put things in writing and form an agreement.
If a problem does occur, it will add weight as to the intent of the parties.
Jim W Hildreth is a Real Estate Mediator
Saturday, May 8, 2010
Tuolumne County Superior Court Mediation
Yesterday, I did a mediation that involved an attorney and his client over a fee dispute. Having taken previous training on "Fee Disputes", the training was valuable when the client sued the attorney as he felt the retainer that he had paid was not worthy of the attorney's services.
Within 2 hours both parties reached an agreement. Prior to mediation the attorney desired binding arbitration.
Mediation brought about a better understanding, open communication and resolve.
Mediation with a "neutral" was key along with compromise.
The Tuolumne County Superior Court in Sonora has a new Alternative Dispute Resolution program and mediation has been very effective in high rates of settlement versus the time involved with litigation.
Within 2 hours both parties reached an agreement. Prior to mediation the attorney desired binding arbitration.
Mediation brought about a better understanding, open communication and resolve.
Mediation with a "neutral" was key along with compromise.
The Tuolumne County Superior Court in Sonora has a new Alternative Dispute Resolution program and mediation has been very effective in high rates of settlement versus the time involved with litigation.
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.
http://www.mediatorsrus.org/Training%20Flyer.pdf
Jim W Hildreth Mediator
Real Estate Mediation Services
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.
http://www.mediatorsrus.org/Training%20Flyer.pdf
Jim W Hildreth Mediator
Real Estate Mediation Services
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.
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.
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