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
Showing posts with label Real Estate Mediation. Show all posts
Showing posts with label Real Estate Mediation. Show all posts
Thursday, December 6, 2018
Sunday, November 25, 2018
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
Wednesday, August 12, 2015
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
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
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.
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.
http://www.ADRTimes. Com
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.
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
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
Monday, June 13, 2011
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.
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.
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.
Kindly
Cost effective mediation may be the answer for resolve.
Cost Saving, Confidential and experienced in Real Estate.
Kindly
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
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
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
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 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.
http://www.RealEstateMediation.org
Jim W Hildreth Mediator offers Real Estate Mediation Services to residents of Alameda County.
Detailed information about mediation is available.
http://www.RealEstateMediation.org
Real Estate Dispute
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
http://www.RealEstateMediation.org
Offices of Jim W Hildreth Mediator
Real Estate Mediation Services
http://www.RealEstateMediation.org
Sunday, February 20, 2011
Tuolumne County Superior Court Sonora, CA 95370
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.
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
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.
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.
Wednesday, February 9, 2011
Court St, Jackson CA
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.
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
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.
Wednesday, January 19, 2011
Modesto Amtrak Station
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.
http://www.amtrak.com
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.
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.
http://www.amtrak.com
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 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 http://www.RealEstateMediation.org
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 http://www.RealEstateMediation.org
Wednesday, January 12, 2011
JAMS Office San Francisco
Jim W Hildreth of Real Estate Mediation Services and Claudia Viera, Esq. at the pleasure of acting as Mediation Trainers for the San Francisco Community Boards on the Development of a Thriving Mediation Practice.
The event was Hosted by JAMS, the Resolution Experts.
The event was Hosted by JAMS, the Resolution Experts.
Friday, December 31, 2010
Tuolumne County Superior Court Sonora, CA 95370
Yesterday, I was honored to work as a mediator over a dispute involving a Landlord-Tenant issue.
The dispute lasted over 7.5 hours and much of my appreciation goes to the parties on both sides.
Much further goes out to the Tuolumne County Superior Court and staff, in their dedication in supporting the process of having your day in court.
The court shows respect, honesty and warmth to those with conflicts.
As a mediator, who's focus is real estate disputes, its a honor to work with such a professional team of dedicated individuals.
Jim W Hildreth Mediator.
The dispute lasted over 7.5 hours and much of my appreciation goes to the parties on both sides.
Much further goes out to the Tuolumne County Superior Court and staff, in their dedication in supporting the process of having your day in court.
The court shows respect, honesty and warmth to those with conflicts.
As a mediator, who's focus is real estate disputes, its a honor to work with such a professional team of dedicated individuals.
Jim W Hildreth Mediator.
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