By Leslie King O’Neal
ADR Should Reflect Design & Construction Diversity
Professor Homer LaRue[i] spoke at the ABA Forum on Construction Law[ii] Midwinter Meeting in Tampa, FL last week about improving diversity in selecting ADR neutrals. Selecting ADR neutrals from a narrow demographic affects users’ perception of fairness of ADR processes. The design and construction industries are becoming more diverse and multi-cultural. The number of women and minorities in design and construction is increasing yearly.[iii] Arbitration panels and mediators should reflect these changes as well. ADR providers, working with law firms and other organizations, are taking steps to improve diversity in ADR.
The Ray Corollary Initiative
Professor LaRue is a founder of the Ray Corollary Initiative (RCI) https://raycorollary.org, a non-profit corporation whose mission is to “increase diversity, equity and inclusion in the selections of arbitrators, mediators, and other ADR neutrals.” Named after Charlotte Ray, the first Black woman admitted to the Bar in the United States, RCI’s work includes encouraging ADR providers and those selecting neutrals to take the RCI pledge, as well as doing research and providing opportunities to support selecting diverse ADR professionals.
Lawyers Hire Those They Know–Networking Provides Opportunities
Lawyers frequently choose neutrals whom they know or who are recommended by colleagues. Thus, providing opportunities for diverse neutrals to meet and get acquainted with lawyers who might select them is a practical step for improving ADR diversity. RCI creates networking opportunities for minority and women ADR professionals to meet lawyers and clients through “Meet the Neutrals–Speed Networking” events held at legal conferences and at Howard University Law School. These events allow neutrals and potential selectors to meet in an informal environment to foster connections which may lead to future appointments as arbitrators or mediators.
JAMS and AAA Jointly Fund $750,000 Grant to RCI
In March 2024, the JAMS Foundation and the AAA-ICDR Foundation jointly provided a $750,000 grant to RCI to promote diversity in ADR.[iv]
This was the first time these ADR providers have jointly provided such a grant. The funding will allow RCI to sponsor future networking events as well as to prepare and present educational programs and conduct research and collect data. RCI encourages diverse individuals to consider ADR careers and encourages those in ADR to mentor diverse ADR professionals.
Improving Selection Chances By Including Two Candidates
Until recently, there were no data supporting any method for improving ADR diversity. In 2020, Professor LaRue and Alan Symonette published an article citing empirical research showing that including at least two minority or women candidates in an ADR candidate pool of three or more greatly improved those candidates’ chances of being chosen.[v] However, where there was only one minority or woman candidate in the pool, their chances of being chosen were statistically zero.
ADR Providers Take the RCI Pledge
The RCI Pledge for ADR Service Providers asks organizations to set a goal to include at least 30% diverse candidates on any list of three or more for neutral selection. JAMS, AAA, CPR, Miles Mediation & Arbitration, Inc., Resolute Systems and The Labor Relations Connection, Inc. have signed the RCI Pledge, showing their commitment to increasing the number of diverse ADR professionals. Additionally, these organizations track the percentage of diverse neutrals proposed and appointed to matters. Some providers also sponsor fellowships to provide training, mentorship, sponsorship and networking opportunities for diverse ADR professionals.
Takeaways
- ADR Diversity Improves Fairness: Having neutrals who better reflect industry demographics increases users’ perceptions of fairness in ADR.
- Statistics Matter: Having at least two minority candidates in a pool of three or more increases chances of selection.
- ADR Providers Sign RCI Pledge: All major ADR providers have signed the RCI Pledge, committing to having at least 30% minority candidates on their selection lists.
- Lawyers Hire Who They Know: Networking opportunities allow minority ADR professionals to make connections.
[i] Homer C. La Rue | Howard University School of Law
[ii] Forum on Construction Law
[iii] U.S. Bureau of Labor Statistics (2023) http://Bls.gov showed 10.8% women, 6.7% Black, 34.% Latino workers in construction. In 2023, 34% of new architects identified as persons of color and 43% of new architects are women. http://Ncarb.org
[iv] ABA Forum on Construction Law, Under Construction (Fall 2024) https://www.americanbar.org/groups/construction_industry/publications/under_construction/2024/fall2024/jams-and-aaa-jointly-fund-grant/?login
[v] Homer C. LaRue and Alan A. Symonette, The Ray Corollary Initiative: How to Achieve Diversity and Inclusion in Arbitrator Selection, 63(2) Howard L. J. 205 (Winter 2020), https://raycorollary.org/wp-content/uploads/2024/03/63_2-Howard-LJ-215-Wint.-2020-129-2.pdf, citing Stefanie K. Johnson, David R. Hekman & Elsa T. Chan, If There’s Only One Woman in Your Candidate Pool, There’s Statistically No Chance She’ll Be Hired, Harvard Business Review (April 2016).http://hbr.org.
