Originally from Alternatives to the High Cost of Litigation

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The bottom line: Organizational efforts to diversify arbitrator rosters do not result in selection of arbitrators with diverse characteristics.

ADR providers focus on diversifying the arbitrator roster, while at the same time encouraging clients to commit to selecting arbitrators who are diverse. See Parts 1 and 2 of this series; cites and links above. These organizations have also created and used diversity pledges, diversity commitments, diverse arbitrator recruitment, and mentorships and fellowships for prospective diverse arbitrators. These efforts to increase diversity are laudable.

Commentators offer other diversity-increasing suggestions to the major providers, encouraging them to provide training and mentoring to diverse arbitrators. See Deborah Rothman, “Gender Diversity in Arbitrator Selection,” 18 Disp. Resol. Mag. 22, 25-26 (2012) (available at https://bit.ly/2VaadR4), and Sasha A. Carbone & Jeffrey T. Zaino, “Increasing Diversity Among Arbitrators: A Guideline to What the New Arbitrator and ADR Community Should Be Doing to Achieve this Goal,” 84 N.Y.S.B.A. J. 33-35, n. 5 (2012) (available at https://bit.ly/3gSgUzf).