Gordon & Rees partner Brenda Radmacher will be a part of a four-person panel presentation titled "Fifty Shades of Mediation: Trial vs. Arbitration - How Each Require Differing Approaches for a Successful Mediation" at the 2017 CLM & Business Insurance Construction Conference on October 11, 2017. Radmacher joins Stephen Gross of Fowler White Burnett PA, Brendan Moynihan of Structure Tone Inc., and Lisa Unger of Markel Service, Incorporated on the panel.
This group will discuss the mediation process in construction defect cases shedding light on the most influential guiding factor in mediation which is an assessment by all participants of what the result may be if the case is not resolved shy of trial or arbitration. These two primary forums for litigating construction defect cases can require substantially different approaches when evaluating risk, negotiating, and concluding a successful mediation. With the ever-increasing number of cases being arbitrated, developing differing forum-influenced approaches to mediation is a key skill for all mediation participants. This panel will address these issues from the perspective of the mediator, defense counsel, coverage counsel, and the claims professional.
Key takeaways for attendees are understanding the different considerations needed to evaluate whether to arbitrate or try a complex construction case, being able to determine the different approaches to mediation when a case is going to arbitration versus trial, and the ability to accurately assess what type of mediator you will need for a case that is heading toward arbitration as opposed to trial.
The 2017 CLM & Business Insurance Construction Conference will cover all aspects of insurance, risk, and claims management aspects of the insurance related to the construction industry. In addition to addressing construction defects and other hot topics, conference sessions will also address facets of construction site accidents/injuries, coverage issues, subcontractor issues, risk management, and new technologies, Sessions will address issues on the national, regional, and state levels. In addition to the interactive educational sessions, conference attendees will have many opportunities to network with other thought-leaders in the industry.
This annual conference will be held at the Manchester Grand Hyatt in San Diego, October 9-11, 2017. For more information or to register, please click here.
Brenda Radmacher specializes in construction, real estate, and employment litigation, regularly counseling general contractors, construction managers, design professionals, contractors, and owners on contract negotiations, risk management and disputes. Radmacher’s practice emphasizes resolving complex construction disputes through negotiation, mediation, and, when necessary, arbitration and litigation, on projects in California, nationwide, and internationally. She frequently addresses claims involving breach of contract, construction and design defects, liens, delays and impacts, construction defects, bonds and insurance issues (including among others, general liability, builder’s risk, professional liability and subcontractor default insurance), and represents many of the nation’s largest contractors and developers in the commercial, multifamily, and residential markets.