Office Location: Los
Angeles, CA
Email: brenda.radmacher@akerman.com
Website: https://www.akerman.com
Law School: University of
Southern California, Gould School of Law, J.D./MA International Relations, 1996
ADR Services Offered:
Arbitration & Mediation
Areas Served: California, Arizona, and nationally
Q: How did you become an ADR neutral?
A: As a construction attorney, I became involved with many mediations as an advocate. I observed that many attorneys (and mediators) were not readily able to engage in mediation negotiations and had a hard time taking off the litigation advocate “hat.” I enrolled in a Mediator Training Program through the American Arbitration Association and obtained my mediator’s certification. I concurrently was asked to be an adjunct faculty member at the University of Southern California Gould School of Law teaching negotiation and mediation advocacy. As a result of wanting to see more effective court-ordered mediations, I began to serve as a court-appointed mediator for the Los Angeles County Superior Court.
Q: Describe your experience mediating construction cases.
A: I am a construction lawyer and have been involved in the construction industry as a litigator and dispute resolution consultant for contractors, developers, and design professionals. As an advocate, I have been engaged in hundreds of mediations. I have mediated various types of cases as neutral, including real estate, construction, and personal injury cases.
Q: Mediators are oftentimes described as “facilitative,” “evaluative,” or “transformative.” Do you have a style?
A: My style is generally more facilitative in nature. I will pull in some evaluative comments and insights, particularly when parties are stuck or uncertain of how to proceed.
Q: What should attorneys and their clients take into consideration when selecting a mediator?
A: I recommend three key considerations in mediator selection: personality of the mediator, the needs of the case, and the parties and people involved in the matter.
Q: What can attorneys do to best position their clients for a successful mediation outcome?
A: Preparation, preparation, preparation! Prepare (a) yourself, (b) your client, (c) your mediator, and critically (d) your counterpart. The client who is prepared and has counsel who has prepared in detail will be best positioned for a result that is closest to their goals. Preparation is more than just knowing the facts and the law of your case. You also must understand and know the motivations and goals of your counterpart. Taking those issues into consideration can best inform your negotiation approaches, who needs to be “in the room,” and how to make moves during the mediation negotiations.
Q: Are virtual mediations as effective as in-person mediations? Do you anticipate that mediations will continue to be conducted virtually post-pandemic?
A: Virtual mediations can be as effective as in-person mediations, but they need to be approached differently. A successful virtual mediation may require more advance planning, additional pre-mediation caucuses, separate discussions, and a more extended timeline instead of a mediation all occurring on one day. Based on all I have seen, I anticipate virtual mediations will continue, but that most mediations will be more of a hybrid approach with some of the stakeholders in person and some appearing remotely.
Q: Do you think limits should be placed on discovery in the arbitration context?
A: I believe limits on construction arbitration discovery are critical but would prefer to see more careful and thought-out discovery plans and approaches. In arbitration, you can—and I believe should—design the discovery process to suit the needs of a particular case. Staged discovery efforts and potentially limited issue-related hearings may be an appropriate and creative approach to dispute resolution.
Q: What role do you think videoconferencing will play in the arbitration landscape post-pandemic?
A: I anticipate that most arbitration post-pandemic will feature having some witnesses appear via videoconference but will still strive to have key witnesses in person. I also can foresee many party representatives monitoring the hearing remotely to take advantage of the time and cost savings from not attending the entire hearing in person.
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