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Scott Van Soye received his law degree from UCLA in 1988. After two decades of varied experience as a civil litigator, small business counsel, Superior Court staff attorney, transactional lawyer and pro tem judge, Scott developed a passion for helping people settle their disagreements. To achieve that goal, he obtained his LL.M. in Dispute Resolution from the prestigious Straus Institute at Pepperdine University, where he now teaches Alternative Dispute Resolution as an adjunct Professor of Law. In addition, he engages in a full time mediation and arbitration practice as a principal at Pacific Coast Dispute Resolution.
Pacific Coast Dispute Resolution was founded on the idea that successfully mediating cases takes more than legal acumen. Quality mediators need to understand how people in conflict think and behave, how the strong emotions that arise out of conflict get in the way of agreement, and what to do about it. They need to know that negotiation is a process that can't be shortcut, and be able to guide the parties through each stage to success. Finally, they need to be creative, practical, and credible - able to work with the participants to craft lasting solutions to real-life problems.
Scott is dedicated to mediation because it works. A ten-year study of Maryland's district courts shows that over 80% of mediated cases settled, and even that those that didn't settle during mediation were four times as likely to settle before trial as non-mediated cases. Additionally, a recent Pepperdine study found that cases resolved in this way cost clients two-thirds less than going to trial, making mediation a smart move economically.
Scott's focus on party psychology isn't just classroom theory. It has daily practical consequences at the negotiating table. For example, psychological studies of so-called “ultimatum games” demonstrate that negotiators will reject outcomes advantageous to them if they perceive them as “unfair.” So the mediatormust focus on the parties' perceptions of fairness, because without them the process is likely to fail when it could have succeeded.
Another example of the importance settlement psychology is "reactive devaluation," a normal part of the negotiation process and mediation that shows how important a savvy mediator can be to a successful settlement. Reactive devaluation refers to a disputant's tendency to distrust, and even reject, an opponent's reasonable settlement offers simply because they come from the opponent. The concept can be summed up briefly in this sentence: "If Bob is the one making this offer, there must be something wrong with it."
In contrast, the very same offer presented by a mediator is more likely to be accepted, because the mediator is neutral and therefore not distrusted. Also, a mediator can point out why accepting the offer on the table might be advantageous. The same rationale presented by one's opponent would usually be rejected, because of reactive devaluation.
These are just two of the many ways that Scott's deep knowledge of settlement behavior and top flight training can help in resolving your disputes. But Scott isn't just an academic. His many years of practice enable him to handle nearly any civil mediation. In particular, he has extensive experience in employment, public entity, civil rights, ADA, real estate and personal injury matters. His skill and knowledge have enabled him to settle nearly 80% of the difficult cases presented to him as a mediator at California's Fourth District Court of Appeal, Division Two.
If you or your clients need help resolving a civil dispute, call Pacific Coast Dispute resolution today at (424) 209-7237. We'll be happy to help.
