Family Dispute over Real Estate

The phone call came in for possible Mediation Services for the Southern California Dispute.

Parents, son and daughter in law have parted ways over a verbal partnership that has turned upside down.

Improvements were made, funds extended.

A disagreement has arisen on what should a settlement look like.

This is a perfect match for Mediation.

There is high emotions among these family members. 

This should be resolved in Mediation vs Litigation.

Jim W Hildreth-Mediator www.RealEstateMediation.org
6/8/2020

This past weekend on Saturday, to accommodate those with small children and also due to COVID-19, we completed a successful virtual real estate mediation between buyer and seller parties.

In the beginning, both parties were very set on receiving no less than their original proposals.
As time progressed and through careful, neutral, mediation a peaceful resolution was reached.

COVID-19 has effected us all in various ways, and we hope that everyone is being safe.

Virtual solutions have been irreplaceable in many businesses including my own and we look forward to the continued positive responses to such an unprecedented event.

We are glad to have been able to bring this dispute to a timely and peaceful resolution despite the pandemic wanting to drag everything out in a stressful manner.

We specialize in California Real Estate disputes and can meet in person or virtually to resolve your Real Estate conflict.

Our office is open to answering any and all questions regarding mediation or virtual mediation.

PHONE: (888) 877-3189

Graditude

05/12/2020

Every day when I go to work, I'm so thankful for living in a small town. Where I can breathe fresh air, the sense of community, and practice my skills as a Mediator and preparation of Legal Documents.

Close to Yosemite, Sonora is in the California Gold Country.

My office is just to the left of the Red Church.

Jim W Hildreth  Webite












Jim W Hildreth-Mediator

Mediation Types

When parties involved in a serious conflict want to avoid a court battle, there are types of mediation can be an effective alternative. In mediation, a trained mediator tries to help the parties find common ground using principles of collaborative, mutual-gains negotiation. We tend to think mediation processes are all alike, but in fact, mediators follow different approaches depending on the type of conflict they are dealing with. Before choosing a mediator, consider the various styles and types of mediation that are available to help resolve conflict.

The next posting will share the types of styles that Mediators use.

My suggestion is to find a Mediator who has subject matter expertise.

With Covid-19 restrictions, you may also find Mediators who feel comfortable with Virtual Mediation.








Jim W Hildreth-Mediator

New website for Mediation

In order to serve the Califonia public on online Mediation Services, we have secured the domain 

http://www.OnlineMediationServices.com

Our site is under construction and our goal is to offee quality content in dispute resolution in all phases. How do use Zoom, How do I resolve a Dispute as the buyer or seller.

With the courts currently closed, can I resolve my dispute timely vs months of delay.

Can I save money?

What type of disputes can be resolved in Mediation.

What is Arbitration?

Jim W Hildreth is a Certified Online Mediator that serves California with issues involving Real Estate.

How do I begin the Mediation process?

Listen to the newest episode of my podcast, Jim W Hildreth Real Estate Mediator: How do I begin the Mediation process? https://anchor.fm/jim-w-hildreth/episodes/How-do-I-begin-the-Mediation-process-e33467

Podcating

Our office is now offering Podcast to keep you updated on issues about Real Estate, Mediation and Common Questions about Mediation.

Jim W Hildreth Mediators Podcasts

Claim Jumpers Gold Mining

Many of us have visited Columbia State Park, or visited the Gold Country and have the historical knowledge of the Gold Rush and those who sought Gold, and know the Old Saying is a there is Gold in Them Hills. “Eureka”

Mining Camps were established from Nevada City to Mariposa and beyond. Placerville, Angels Camp, Columbia, Sonora grew overnight.

Dozens of men entered the Tuolumne County Superior Court in Sonora, without picks and shovels many with heavy leather boots, flowing beards and they wanted Justice

It seems these modern day minors were there to support their fellow miners in the injustice of a Modern Day Claim Jump

The two groups were equally divided and the Superior Court was wise’in sending this to Mediation.

Each group chose a spokesperson and there were a Plaintiff and Defendant.

The large group settled in on the 2nd floor of the Historic Court House

In Mediation each claimed they had the right to mine the Jack Ass Hill Acreage.

Each claimed they had the “Golden Ticket” issued by the Government to make claim and enrich themselves.

The Claim Jump was a first for the Mediator and in the end, after time and effort, the miners thought it would be best to send it back to the court for a decision by the Judge.

So each side will present evidence for the court to review and a decision will be made on the facts.

In the 1800's a different course would have developed among those miners and today the value of Laws and a Judicial System are in place.

As the Mediator, I enjoyed those men, the passion for Justice and I have a better understanding of the lure for Gold and Claim Jumping.

Jim W Hildreth-Mediator www.RealEstateMediation.org

Settling Real Estate Disputes Long Distance via Mediation

I'm often asked if I travel beyond my home of Sonora for Real Estate Disputes.

On a regular basis, I travel to the San Francisco Bay Area, including San Jose, Oakland, Emeryville.

Upcoming is an Oakland Mediation, with the dispute being orginated in Sacramento.

I just completed Mediations in Vallejo and Auburn.

In 2018, I travelled to the Sacramento region 8 times.

Travels have taken me to the Northern part of California, Eureka and today was asked to mediate in  Redding.

I like travelling, as I have no conflicts of interest and I can wear my neutral hat. In other words, I know none of the parties or legal counsel.

Another alternative that expands my mediation circle is ODR  or Online Dispute Resolution, which I have done internationally and states beyond California.

My most long distance was a 3-way mediation from Sonora, San Jose & India, with a 12.5-time difference.

The online offers a cost-effective alternative and is especially valuable with claim adjusters or legal representatives.

The fee's that we offer for long distance are reasonable and cost-effective, compared to Arbitration or litigation.

More information on Mediation and services is offered at

Real Estate Mediation Services








































Jim W Hildreth-Mediator www.RealEstateMediation.org

California Landlord & Tenant Rights

12/06/2018


In California, every Landlord and Tenant have rights and responsibilities, and often we see in small claims court what goes wrong when claims are made on those Rights and Responsibilities

01. Leases and Rental Agreements
02, Security Deposits
03. Issues over maintenance & repairs.
04. 3-30-60-90- day notices.

Understanding those rights and responsibilities is key to both the Landlord and Tenant.

In hundreds of cases that I have experienced as a Mediator, these conflicts on both sides would not have occurred if the parties more fully informed about Landlord Tenant Law.

A good understanding and foundation for both the landlord and Tenant are the NOLO Series of books that are written in plain English.

Two of the books that I recommend are The California Landlord Law Book and the other California Tenant Rights,

These books can be purchased at your local bookstore, order online and are often available at your local law library.

Hint, Hint, Christmas is coming.

One dispute that comes up often is the condition of the rental unit. Damages such as torn carpet a broken appliance, window,

Before moving in complete a Move-In Inspection and when vacating a Move- Out Inspection.

Take the extra step and take photos. of your unit.  Easy with a cell phone.

Often what comes up is the question is what is reasonable wear and tear?

Knowledge of deposits is a must.

My landlord advice is that you are running a business.

As a tenant, you have rights of privacy and a rental that is safe, secure and habitable. Do you have working smoke and carbon monoxide detectors? Has the landlord given you the notice about Bed Bugs?

As a Landlord, there is a duty to know the law and as a tenant, there is a duty to pay your rent and abide by your tenancy agreement.

Many California Courts us Mediation as a required first step to settle differences.

In conclusion, know your rights and responsibilities.

Be a good landlord, be a good tenant.


Jim W Hildreth is a California Real Estate Mediator and Paralegal who's. focus are issues with Real Estate.

Real Estate Mediation Services

Mediation Question?

As a Mediator I'm often asked if you live in Sonora, do you Mediate outside of the Gold Country?

The answer is yes, the bulk of my Mediations are in the San Francisco Bay Area and most often in Oakland.

In 2018 I have traveled to Eureka, Sacramento, San Jose, Jackson, Placerville, Vallejo and cities between.

My travel is often a plus, as a Neutral  as I have no conflicts of interest.

This week I will be in Auburn and then return to Oakland

Recently I settled a dispute that had been litigated since 2011 for the City of Ione.

Yes, we will travel to your location.

Call (209) 536 1103

Using Alexa for Calls

Many of us have Alexa, many more will receive a Alexa device during the Holidays.
Mom 89 just received her 1st Amazon Dot and I will be teaching her how she can now make calls to friends in the USA free.
This same service includes Canada & Mexico.
Amazon has just announced that Alexa can link to Skype.
Yes, use your Alexa device to call family, friends.
Alexa Skype Mom.
This service includes 33 countries
This early Christmas gift is sure to please our family and global friends.

Jim W Hildreth is a Real Estate Mediator based in California  and will use this technology in Online Dispute Resolution. (ODR)

Water-Conserving Plumbing Fixtures California

January 4 2017

Northern California is seeing some relief from the California Drought with a weather pattern of steady rains.

A new California law is enclosed for those who own Real Estate.

Dec. 8, 2016 (revised)
Legal Article: California  law requires property owners (for properties built before 1994) to install water-conserving plumbing fixtures by 2017 for single-family properties and 2019 for other properties ). Additionally, if a property is altered or improved after 2014, then water-conserving plumbing fixtures must be installed as a condition of final permit approval. (Cal. Civ. Code section 1101.4)







Jim W Hildreth-Mediator
Real Estate Mediation Services

California Smoke Alarm Reminder

 November 4 2015

Smoke Alarm Reminder for California Landlords


Beginning January 1, 2016

Landlord shall install additional smoke alarms as needed, to insure that the smoke alarms are in
compliance with current building  standards

1) each bedrooms
2) centrally located outside each sleeping area and
3) on every floor, including the basement regardless of whether there is a sleeping
    ares on the floor. (California Building Code (F) 907.2 2.101.2)

Landlord not required to replace existing alarms unless inoperable.

Jim W Hildreth Mediator
(888) 877-3189  (209) 536-1103
Real Estate Mediation

Small Claims Court California

Having a dispute? One can file a claim up to $10,000 in California Superior Courts.

Types of Disputes Real Estate, Landlord Tenant, vendor- vendee, money owed

One can visit the local court and often under forms file a simple application for your dispute.

Need assistance with your forms, courts often have a self help center, or check with a local legal document assistant.  CALDA offers online legal document assistants.

Always consider asking the court for the availability of Alternative Dispute Resolution or
Mediation.

Jim W Hildreth Mediator

Real Estate Mediation Services

Patience in Mediation

In a 3.5 hour mediation the plaintiff reflected anger, however restraint. The defendant
angry and defiant and possibly in denial.

Each had strong positions in a Landlord Tenant Dispute.

The plaintiff desired resolution, the defendant raged.

The mediator after 3.5 hours lost objectivity.

The mediator was trained with hundreds  of mediations.

A sharp tongue that only lasted seconds, went beyond neutrality.

A lesson to be learned.

Patience

Jim W Hildreth Mediator

Real Estate Mediation Services

California Association of Realtors

Jim W Hildreth Mediator was appointed by the California Association of Realtors to serve on the newly formed mediation panel known as Mediation Center.

Hildreth's focus is disputes involving real estate, with buyers, sellers and the real estate community.

As an experienced mediator, the goal is to provide excellent service to the communities of California and allow parties to craft a solution vs. litigation.

Hildreth has offices both in Oakland and Sonora, CA.

Real Estate Mediation Services

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

Testimonial Recieved June 29 2011

06-29-2011

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

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

C.A.R. INDEPENDENT CONTRACTOR AGREEMENT REVISED DUE TO RECENT COURT DECISION
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.