Jeremy Shulman brings a settlement mindset to volunteer mediation program

After 24 years as a litigator, Jeremy E. Shulman believes one lesson stands above the rest: Settlement is not a single conversation at the end of a lawsuit but a process that should continue throughout the life of a case.

Today, Shulman has brought that philosophy to his full-time mediation practice, handling financial services, employment, real estate and business disputes while volunteering extensively with the Los Angeles County Superior Court's Mediation Volunteer Panel and Resolve Law LA programs.

"My initial motivation to volunteer as a settlement officer was to build dispute resolution experience," Shulman wrote in response to a Daily Journal questionnaire. "Beyond that, I've met so many interesting people from the parties engaged in litigation, their attorneys, and co-settlement officers. All around, it's an extremely rewarding way to give back to the legal community."

Shulman estimates he now conducts about 50 court-connected mediations and settlement conferences each year, down from as many as 90 annually as his private mediation practice has grown.

His years as an advocate continue to shape his work as a neutral.

"Simply put, I was always good as an advocate at settling cases," he wrote. "My approach was that every litigated matter should have a continuous settlement dialogue."

Representing clients, he said, requires advocating for one side. Mediation requires something entirely different.

"The roles of advocate and neutral are completely different," Shulman wrote. "As a neutral, you're participating in a process that will best allow the attorneys and parties on both sides to choose a negotiated resolution over an outcome in the courtroom."

Building trust begins early. Shulman said he makes a point of addressing the parties, not just their lawyers, explaining the mediation process and giving everyone an opportunity to be heard.

"As much as possible, I hope the parties feel that I take their problems as seriously as they do," he wrote.

When negotiations stall, Shulman relies on persistence and optimism. He encourages parties to continue negotiating even when they appear far apart and frequently uses conditional bargaining to reduce uncertainty and keep discussions moving.

"If the mediator doesn't have optimism about resolution, then the parties are very likely to check out," he wrote.

Volunteer mediation has also sharpened his skills, he said, by exposing him to a wide range of personalities and disputes.

"The more times you encounter a situation in mediation, the better equipped you are to handle it," he wrote.

Ultimately, Shulman said the most rewarding part of mediation is helping people navigate one of the most stressful periods of their lives.

"My favorite thing about being a mediator is connecting with people and doing what I can to help guide them through a really difficult process," he wrote. "I bring calmness to mediation. I think keeping everyone's blood pressure down is really important. When appropriate, I bring humor and levity. I also love negotiation. I believe in my negotiating skills and instincts."

For Shulman, successful mediation depends as much on human connection as legal analysis--a combination he hopes leaves parties with something litigation rarely provides: a negotiated resolution both sides can live with.