I'm Steve Sorenson, I'm a practicing attorney here at von Briesen & Roper. I've been here now, I think, it's seven years going on eight, been a practicing attorney solo for 36 years, in firms ever since then. I've also had the experience of serving as the head of the Wisconsin Employment Relations Commission, which is the top mediation organization for the State of Wisconsin, I think that's what makes me pretty good at this mediation gambit. Also, in addition to that, I've served as a University Professor, I still teach. I teach constitutional law, introduction to law, business law, and I'm a mediator, and I've been a mediator, and been doing mediation. Personally, live in Green Lake, Wisconsin – always been a small-town boy living in either Central or Northern Wisconsin and I really like the people in my community and always have tried to be active in the community.

What’s your mediation style?

I think the catchphrase that I would use is the old-fashioned “win-win”; my mediation style is trying to work with the parties based upon what their real objective is. You know, one of the things about mediation that a lot of people forget is, it's not about the issues that somehow are placated by the law, or formulated by the law, they're really at the issues of the people. So my style is one of listening, one of observing, I try to get people to come out come out of the shell, say what really is bothering them, not what their attorney has told them to say or what they, you know, have been forced into by the box of legal standards, but to talk about what they really want, because I think that mediation you have to work towards the solution of what the underlying problems are, and that takes a really lot of effort – to use a colloquial phrase – it takes listening, it takes observing, and it takes a little bit of empathy, and if you don't bring that to the table I don't know that you're going to be a successful mediator; that's my style, to bring those things to the table.

What should parties do prior to mediation?

I like to have the parties think about what the real issues are. I like to have them sit down and write a narrative of what exactly got them to this point, what is the historical basis. I like them to think through the problem and I like to have them put it on paper and send me that paper. I don't need the legal arguments, I know the legal arguments, I've been practicing long enough that I know what the law is and where it fits, but I want to know where the people are, what do they feel, because often times people think outside of the world of the legal system or the legal rules and regulations. So, I like to have them take out their inner feelings and put them out on a piece of paper, send it to me, and then I like to have them come to the session with open minds. You know, if you come with a closed mind it's not going to work, it's really a lot harder for me as a mediator to get them to open up. So, I'd love to say I'd like everybody to come with an open mind, creative mind and try to resolve. But the biggest thing is: tell me your story, tell me your story in as much detail. And finally, be honest, be forthright. It doesn't do any good to come into mediation and hold back; you tell the whole story or else you're wasting your time. So, forthrightness; I think that's something I really like to see when the people come and I want them to come and be honest.

What makes you a successful mediator?

I think it's experience, I think it's the you know having worked first as a DA, then as a sole practitioner, then as a small firm practitioner in a small town in Central Wisconsin, and working in Northern Wisconsin, working with people, then working with the Bar Association, rising up to the leadership position, solving the problems – and if you want to have a group that's hard to mediate, try mediating, you know, 50 or 60 lawyers in a room – that kind of skill level that gives me that edge. And I think the other thing it's really important is I've learned to listen, I've learned to observe, I've learned to read people, and a lot of the campaigns that I was involved with, a lot of the organizations I've been involved with, I've learned to sit back, listen, and observe; and I think that a style that makes a mediator good. Mediators that come in and think they have the answers when they walk in the room, they're not very successful. Mediators that come in, they observe, they listen, and then they work for creative solutions – and I think that's the other thing that's strong with me is creativity; I really try to look at how can I find a creative system that'll solve the problems for everybody.

What types of cases are you skilled at mediating?

Difficult. Really, probably ones that deal with real problems – like boundary line disputes, like waterfront issues, like job security – these things that are real to real people, those are the ones that that you know that you're dealing with people on an emotional and personal level, and I think those are the ones that I'm best at. I'm not probably the best when it comes to somebody saying, “You know, I made $2.8 million, now I'd like to make $2.9 [million].” Money doesn't always solve problems in my world and I think litigation too often goes there, so when I look at this I look at trying to work with cases where it's real people problems, real people solutions, realities that people learn to live with – maybe they won't get everything they want – but, get enough so that they can go away from the mediation session saying, “You know, I got a person to listen to me and care about me, and that's all I really came here for.” And often times that's exactly what happens, is they may walk away with a lot line they don't like, they may walk away with a little less waterfront, but they walk away saying someone listened to me and cared about my idea, and I think that's what makes, you know, the case that I like: where you can really solve a human problem.

Parting thought:

It's all about having the ability to work towards that goal of win-win. It's all about trying to make sure that you listen, that you comprehend, that you ask the right questions, you have patience – patience is a virtue that you need if you're going to be a good mediator; I think that's why older mediators are often good, I think it's one of the reasons that judges don't always make the greatest mediators, because they're used to time schedules and confinement and getting things done. I think that sometimes a practicing lawyer who's been out in the world, and had to deal with clients on a day-to-day basis, and learned to know people, and has been active in their community can be an outstanding mediator and really should oftentimes be the mediator, and I think that's what I would be my parting shot: is if you want a real person, who knows real issues, who's lived real problems, especially in rural or, you know, smaller city areas of the state of Wisconsin, that's the kind of work that I like to do. I like real people that are honest and forthright.