Businesses, Government, and Individuals Are Managing and Resolving Their Conflicts and Disagreements without Going to Court. Filing a Lawsuit Is Now Seen as a Last Resort
Rande Sotomayor provides a wide array of services to avoid litigation, minimize conflict, and manage disputes productively and creatively.
Mediation. Mediation is an informal proceeding in which an impartial third party, the mediator, works with the parties, and their attorneys if they have them, to facilitate a settlement of the dispute. Rande can conduct a mediation in any context: pre-litigation, during litigation, under a contract that requires mediation before filing a complaint of any kind, in families, in the workplace, among business and government leaders, and countless other settings. The mediator does not make any decisions about the dispute. The idea is to create an environment and focus the issues in a way that encourages the parties to develop a mutually acceptable settlement. In mediation, the parties control the solution to the dispute.
Arbitration. Arbitration is more like an informal “mini-trial,” and is subject to rules that are similar to, but much simpler than, traditional court trial rules. The presentations are typically shorter, and evidence can be submitted through witness testimony, documents, and other witness’ written statements. The role played by the arbitrator is more like that of a judge because after the parties’ or lawyers’ presentations, the arbitrator decides who wins the case. The benefit of arbitration is that it is confidential, often required by contracts, and can minimize the expense of a formal court trial. Arbitration can be binding or non-binding. If it is binding, then the arbitrator’s decision is final, and the dispute is over without worrying about an appeal. If it is non-binding, the arbitrator’s decision is often considered a very valuable factor in subsequent settlement negotiations.
Business Conflict Consulting and Leadership Dispute Resolution. Rande works with business leaders, managers, employees, contractors, government officials, and others who want to tackle conflicts, disagreements, or disputes to increase profits, productivity, workplace satisfaction, and individual, team, and business-wide success. Rande will conduct conflict reviews and assessments, facilitate effective communication, help define roles and responsibilities, help develop accountability systems, and assist with strategic planning and leadership development. Rande effectively coaches individuals in career development and conflict management in both personal and professional contexts, and can provide conflict intervention at work and at home.
Facilitating and Moderating Meetings and Developing Outreach Programs. Rande’s expertise makes her a natural moderator and facilitator for organizational meetings and retreats for business teams and departments, non-profits, boards of directors, and even “family meetings.” She assists in framing agenda items, promotes efficient use of time, engages interested parties who might otherwise not participate, balances participation, maintains productive momentum, and keeps the focus on the issues and tasks at hand. Rande also develops community outreach programs designed to secure meaningful and successful dialogue in governmental and commercial development and public works projects.