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Mediator Resume

Brenda K. Radmacher, Esq.

Brenda K. Radmacher, Esq.

Contact Case Administrator
Kendel Vuola
kendelvuola@adr.org(559) 650-8042

Current Employer-Title

Seyfarth Shaw, LLP - Partner

Profession

Attorney, Counselor, Educator

Work History

Partner, Seyfarth Shaw, LLP September 2024-Present; Partner, Akerman LLP, 2021-2024; Partner, Gordon Rees Scully Mansukhani, LLP, 2017-2021; Adjunct Faculty, University of Southern California, Gould Law School, 1998-2018; Partner, Wood, Smith, Henning & Berman LLP, 1998-2017; Associate, Woollacott Jannol & Wollacott, 1997-1998; Attorney, Quisenberry & Barbanel, 1996-1997.

Experience

Skilled litigation attorney with nearly 30 years of experience advising and representing construction contractors, construction managers, design professionals, developers, and owners on resolving complex construction disputes through negotiation, mediation, arbitration, and litigation, on projects in California, nationwide, and internationally. Extensive expertise in issues including course-of-construction disputes, claims of construction defects, and insurance issues. Handled matters involving medical facilities, schools, heavy industrial projects, multi-family and single family home construction issues. Involved in litigation and arbitration of over 100 matters. Substantial experience in disputes involving construction payment disputes and construction defect claims regarding building envelope, water infiltration, and mold-related claims, having counseled clients with respect to hundreds of such matters. Experience with mechanic’s liens, payment disputes, bid protests, and contract and delay claims on both public and private projects. Work includes providing advice and counsel to multi-national and Fortune 500 developers/owners and contractors on regulatory compliance, including issues involving California’s Proposition 65, ADA, OSHA, and employment and COVID-19 issues. Represented national manufacturers and retailers on compliance with and litigation of California’s Proposition 65 regulations. Experience with employment-related concerns and issues including jobsite and employee compliance on construction sites. Also has handled matters involving construction and renovation of facilities being used in relation to cannabis products, including negotiation of the relevant construction and supplier contracts.

Mediator Experience

Extensive experience mediating construction and real estate related disputes. A large portion of experience is in complex litigation involving multiple parties, including issues involving insurance, design, construction, and course of construction issues. Involved in hundreds of mediations of complex construction, environmental, and business disputes.

Representative Issues Handled as a Mediator

Disputes involving construction defects, payment disputes, delay claims, and issues involving contract issues in construction disputes. Additional matters involving partnership disputes, tort claims and personal injuries, and commercial litigation.

Mediator Style & Process Preferences

Mediation is one of the most effective tools to helping parties resolve disputes efficiently. A successful mediation is when the parties and counsel are prepared and they involve the mediator as early as possible. Mediators who can provide an outside perspective, challenge assumptions, and help the parties develop creative solutions to resolve disputes are often the most successful. I find that traditional joint sessions are often ineffective, but using joint sessions strategically can alter how the mediator can really help the parties to move toward resolution. I find that using various heuristics and understanding parties' interests and needs is critical. I approach each case differently and seek to understand the specific issues, personalities, and needs for each matter. I find pre-mediation discussions with counsel to be a critical piece of an effective mediation. Coupled with specific briefs and statements for pre-session review helps to ensure that the mediation session will be effective. I am ready to provide ideas and guidance in the process but respect party autonomy in mediation and only share my views of the respective parties' positions as a neutral when requested or when it appears that it will assist with resolution.

Technology Proficiency

Skilled in Cisco Webex, Google Teams, and Zoom, as well as various other platforms for conferencing and virtual participation in hearings, conferences, and speaking engagements. Has handled multiple matters using virtual platforms and develop strategies and skills to ensure confidentiality and credibility of the process. Practices safe and confidential filing of documents within secure filing system. Regularly inputs weekly hours in time management system. Successfully completed Clearbrief Academy September 2025.

Education

University of Southern California Gould School of Law (J.D. - 1996); University of Southern California (M.A., International Relations - 1996); Baylor University (B.A. - 1993).

Professional Licenses

Admitted to the Bar: California (1996), Arizona (2006).

Professional Associations

American Bar Association - Forum on Construction, Co-Chair 2024 Annual Meeting, Steering Committee - Division 5 (General Contractors), Member - Division 4 (Construction Technology), Member - Division 1 (Litigation and Dispute Resolution); Associated General Contractors of California - Legal Advisory Committee, Vice Chair, 2022-Present; University of Southern California Alumni Real Estate Network, Member, 2016-Present; Women Construction Owners & Executives - California Chapter, Board Member 2018-Present, Regional/Board Member at Large Director 2022-Present.

Recent Publications & Speaking Engagements

Prolific contributor to thought leadership, presenting nationally on a wide variety of topics, including resolving construction disputes and the psychology of disputes; mitigating risks and other key issues in construction contracts; fundamentals of construction law; material shortages within the industry due to COVID-19 supply chain issues; negotiation tactics of construction projects; cybersecurity and privacy risks for the construction industry; and advances with construction technology. Notable arbitration, mediation, and litigation speaking engagements include: • 2023 AGC Legal Advisory Committee Annual Retreat Speaker, "Lessons Learned from the Champlain Towers South Condominium Collapse," September 14, 2023 • Women Construction Owners & Executives – California Fall Retreat, Speaker/Moderator, "Doing Business with the General Contractors," October 5, 2023 • Women in Commercial & Residential Construction + Design, "Advanced Negotiation Workshop," October 26, 2023 • 2023 American Arbitration Association Construction Conference, Speaker, “Ethics Issues with Virtual Hearings and Document Production,” June 8, 2023 • CLM Magazine Weekly, Co-Author, “Information Overload: In Construction, New Data and Technologies Are Everywhere, How We Use and Process It All Matters,” June 7, 2022 • 2022 CLM Annual Conference, Speaker, “From Hammers to Holograms: New Trends in Construction Litigation,” March 2022 • 2022 ABA Forum on Construction MidWinter Meeting Practicum, Speaker, “Advanced Advocacy Skills in Mediation,” February 2022 • West Coast Casualty Construction Defect Seminar, Panelist, “Arbitration by Zoom: How to Effectively Arbitrate Construction Cases,” October 8, 2021 • CLM Construction Conference, Panelist, “How to Arbitrate a Complex Construction Case Virtually,” September 23, 2021 • Women’s Business Enterprise Council Pacific 2021 Annual Construction Industry Summit, Panelist, “Key Issues in Construction Contracts to Mitigate Your Risk."

Compensation

Hourly Rate: Not provided Daily Rate: $10,000.00 Study Rate: $1,000.00/hr Cancellation: Not provided Cancellation Period: 14 Days Comment: Can book hourly or on flat fee for all-inclusive sessions. Mediation: Per day flat fee covers all-inclusive FULL day session (up to 8 hours of session time), $5,000/day flat fee for an all-inclusive HALF day session up to 4 hours. All-inclusive service covers one pre-mediation conference call with counsel, all study time including reading briefs in advance of the session, travel time (up to 1 hour of drive time for half-days and including all travel time for full days) and the mediation session. No charge for travel time. Only airfare and hotels will be billed at cost as separate line items. All other time, including session time in excess of 8 hours is billed at $1,000/hour. Cancellation Policy: Counsel and party representatives are expected to be responsible in scheduling and to clear mediation dates on all participants' calendars prior to confirming a mediation date. Cancelling or rescheduling within 14 days of the reserved date will be charged 1/2 of the fee. Matters may be continued at no charge if requested 14 or more days before the scheduled mediation date. Available for both Zoom and in-person mediations.

Languages

English

Citizenship

United States of America

Locale

Los Angeles, California