Brenda Radmacher has been interested in peacekeeping and problem-solving from early on. As a young attorney, she took the 40-hour Mediator Training with Master Mediator Lee Jay Berman and started in mediation as a volunteer mediator, transitioning to being engaged as a mediator during the time she taught negotiation and mediation at USC Law School. She is very proud to have trained a decade of lawyers in mediation advocacy, and it has been fantastic to see some of her former students in her mediations and cases.
We asked her how her expertise informs her approach on the American Arbitration Association® Mediation Panel.
What motivated you to pursue mediation, and were there personal influences or professional experiences that shaped your path to joining the AAA?
Peacekeeping has been a theme in my life: from solving sibling and family arguments to writing my master's thesis on International Peacekeeping. I have been highly influenced by many mediators that I had the pleasure of working with as an advocate. After being asked repeatedly to start doing mediations more consistently, I joined the AAA panel.
What do you value most about serving as a mediator with the AAA, and what aspects of the work do you find most meaningful for the parties you serve?
Helping parties and lawyers distill the issues in their cases and take a hard look at their risk assessment is very rewarding - especially when it leads to finding a pathway to resolution of the dispute. I enjoy working with people, getting to know them and finding out their needs and interests, and then translating that to practical outcomes.
How has your previous experience as an attorney, arbitrator, judge, or in another professional role shaped your approach to mediation?
Having been involved in thousands of construction matters as an attorney advocating for my clients, I have seen so many times when cases could have resolved but did not, and have seen ways that the mediators could have made a substantial impact through more engagement, availability, and preparation. Particularly for construction disputes, mediation can't just be seen as an event that the parties and mediator show up to after an exchange of briefs. Rather, it is a process that should start with pre-mediation caucuses, specific preparation and exchange of information, and meaningful discussions before showing up for the mediation session itself. My experience in many construction disputes has also given me substantial background and understanding of the construction and development industry, insurance issues, and critical needs for carriers, and a keen understanding of what it takes to litigate a case to a successful resolution. My trial experience also gives me experience to share with parties as to what they can expect if the case does not resolve in mediation.
How do you approach the mediation process, and what strategies do you use to help parties move from conflict toward resolution?
I view mediation as a process, not an event. I use pre-mediation caucuses (often multiple ones) to help prepare the parties for the mediation negotiations. I also give specific assignments and requests to parties before and during the mediation process to help move toward resolution. I do not believe in impasse; that is just evidence that the resolution can be close at hand.
Without breaching confidentiality, can you share a moment or case in your mediation work that was especially rewarding or that highlighted the strengths of the process?
I remember a mediation where the attorneys started the day telling me there was no way the case was going to settle, that they were there to "check the box." And then the case did resolve, to everyone's satisfaction.
Have you noticed any trends or shifts in the use of mediation, the types of disputes, or in parties’ expectations in recent years?
With the use of Zoom in mediation, I have seen more willingness to try to mediate.
Which skills or qualities do you believe are most essential for a successful mediator, and how have you cultivated them?
I am a good listener and a people-person. In addition, really understanding the industry and parties' roles and needs is critical. I continue to work on finding new ways to learn about the construction industry and mediation skills through ongoing training.
Outside of your professional work, what activities, causes, or passions are important to you?
Community Theater and Arts (especially my daughter's high school); Community Choir (Foothill Academy of Vocal Arts); Physical Fitness; International Travel.