Steven Schulwolf litigated around the country for over 25 years before transitioning to be a full-time neutral. He has handled high-dollar, complex insurance coverage disputes for environmental, construction defect, mass tort, and asbestos matters. The largest case he ever handled was a coverage dispute for almost one billion dollars, which lasted for over a decade and went to the Court of Appeals four times. He successfully argued the last appeal on behalf of 22 parties and was proud that they all trusted him to obtain a good result.
We asked him how his expertise informs his 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?
My above answer discussed, as a lawyer, the case that made me the most proud. It also led me to mediation because, coincidentally, I was with my client when we received the final ruling. I was thrilled. My client was more relieved. I realized that even the winners in litigation can get chewed up in the process, and I decided I would ultimately become a mediator to help both sides avoid the expense and hassle of litigation.
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?
The AAA is a well-respected organization with 100 years of experience in assisting parties in efficiently and fairly resolving their disputes. I am honored that they believe that I have reached the standard of excellence that is associated with AAA.
How has your previous experience as an attorney, arbitrator, judge, or in another professional role shaped your approach to mediation?
My litigation practice took me around the country, and I had worked with national mediators. I would like to think that I have "stolen" some of their best practices. I also argued my own appeals and represented clients at mediation, so I feel my 30 years of experience provide me with experiences that help me understand the pressures on the attorneys and parties during negotiations.
How do you approach the mediation process, and what strategies do you use to help parties move from conflict toward resolution?
My philosophy is that the mediation process begins the moment I am retained. I encourage pre-mediation calls and will read all of the submissions and key cases. My approach has likely evolved as I realize more and more that good mediators understand that it is not about them. I am a resource to help the parties assess their risks and make their own decisions. I listen not only to what is being said, but what is not being said. Technically, my style might be considered evaluative because I believe that the attorneys and parties often want to have their legal arguments heard. But my job is not to be the smartest person in the room and dictate settlement. My job is to make suggestions, make the lawyers look good, and, by the end of the process, help the parties focus on their interests and not their legal positions.
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 settled a large multi-party mediation that had two prior unsuccessful mediations by working with the parties to conduct a process "in the blind" so the parties stopped focusing on whether they were paying more or less than other parties and focused on the overall goal. I also am proud that, as a last resort, I have helped parties bridge significant gaps by using a written mediator's proposal. Both sides receive the same terms, but each gets a personalized letter offering reasons I believe they should consider my proposal to be in their best interest if the other side were to also accept it.
Have you noticed any trends or shifts in the use of mediation, the types of disputes, or in parties’ expectations in recent years?
I think more and more parties expect some type of evaluation by the mediator. Unfortunately, I have also noticed that in the Zoom universe, parties do not talk to each other anymore. In fact, I had one case in which we settled in 15 minutes. All the parties needed to do was call each other, but they never did and hired me instead.
Which skills or qualities do you believe are most essential for a successful mediator, and how have you cultivated them?
My marketing banner says PEACEMAKER with the following important attributes: Persistent, Effective, Able, Creative, Engaged, Motivational, Available, Knowledgeable, Experienced, and Reliable. You cultivate these attributes with practice. After 500 mediations, I can draw on my own experience and instill optimism into the process. A good mediator needs to be a pragmatic optimist. You have to find the small areas of agreement and highlight them so the parties believe the larger hurdles can also be overcome.
Outside of your professional work, what activities, causes, or passions are important to you?
I moved to Texas from Chicago to support my wife's medical career. Like most of my clients, she is smarter and does important work, so I was happy to reinvent myself as a mediator in Texas. We have had four retired racing greyhounds, and they have been my best co-mediators (Rider even helped settle a case). While arguably inside my professional experience, I tell clients I have taken risks in my own career — I left Big Law to teach in Bulgaria with less than two weeks to prepare, and I have started a law firm and my mediation practice. We all can make "hasty" decisions when we really understand our own goals and interests.