A JAMS Q&A Session: Shining the Spotlight on Stephen H. Sulmeyer J.D., Ph.D.

Please provide a brief overview of your legal career prior to joining JAMS.

Before joining JAMS, my career spanned multiple facets of law and psychology. I began my legal journey at Stanford University, where I earned a B.A. in history and later a J.D. from Stanford Law School. I practiced law at Morgan, Lewis & Bockius and Graham & James, gaining invaluable experience in intellectual property, entertainment and general business litigation. In 2001, I completed my Ph.D. in psychology, which complemented my legal experience and enabled me to focus on mediation. Over the next 18 years, I honed my skills as both an attorney and a mediator.

How would you describe your ADR style?

I focus on understanding the dispute at its deepest levels, which includes what the dispute means at its core to the participants. In my experience, ignoring the core, or nibbling about at the edges, is not effective. When both sides can be vulnerable enough to speak the full truth, they are much more likely to reach a mutually satisfactory agreement.

What practice areas are you passionate about and why?

Business, commercial, intellectual property, employment/workplace, probate and family law.  These cases are the most interesting, the most challenging and the most satisfying to engage with and to resolve, and they are the areas where I often apply my knowledge of psychology to aid in my efforts toward resolution.

What traits have contributed to your success as a mediator/arbitrator?

To excel in ADR, I emphasize the qualities of preparation, dedication and perseverance. My approach is grounded in genuineness, empathy, and strong listening and analytical skills, as well as a willingness and capacity to deal with the challenging emotions that are typically intertwined with substantive issues.

What are some of the highlights of your career to date, whether in alternative dispute resolution (ADR) or litigation?

Being entrusted with some very sensitive cases involving high-net-worth and/or well-known individuals and companies, as well as overcoming the challenge of settling many cases that no one thought could be settled. That said, some of the most satisfying cases I’ve resolved have involved small amounts of money but plenty of desire to make amends and grow from the experience. Even with corporate parties, the human dynamics are still present, and I always appreciate CEOs’ and others’ willingness to talk about the emotional as well as the legal truth of the matter.

What do you enjoy the most about mediating?

I enjoy connecting with people in conflict. It is often the case that no one has yet said to them, “I’m so sorry this injury happened to you,” or asked them, “How is this lawsuit affecting your life?” The human element is what drives all disputes, and helping people to explore that dimension and use it to transform their way of understanding the conflict they’re in is deeply rewarding to me. I’ve seen people go from hating one another to finding a way to work together constructively. I find helping people find closure, understanding and resolution to be inherently enjoyable.

What is the best piece of advice you’ve received? Or can you share an important lesson that a mentor taught to you?

The best piece of advice I ever received is: Wait. Don’t go for the low-hanging fruit. Wait until the picture becomes clear.

Who is one of your role models and why?

One of my role models is Dr. Bob Walters. He taught me the importance of truly listening to and connecting with others. His ability to engage with people and make them feel heard has greatly influenced my own practice, where listening and connection are key to resolving conflicts.