Gender diversity in dispute resolution: The role in-house counsel can play
Reliable data on the percentage of women mediators and arbitrators or the frequency with which they are chosen to serve compared to men is hard to come by.
March 06, 2012 at 04:00 AM
5 minute read
The original version of this story was published on Law.com
Reliable data on the percentage of women mediators and arbitrators or the frequency with which they are chosen to serve compared to men is hard to come by. Anecdotally, while women neutrals can maintain steady work handling cases in the employment area, they are less likely than their male colleagues to be chosen for more complex commercial matters or in specialty practice areas that are dominated by men.
Women tend to be selected more often in employment matters than securities litigation or intellectual property disputes, for example. Whether this suggests a biased view that women aren't “tough” enough to handle certain cases, or whether it reflects a choice about the background and experience of the mediator is hard to quantify.
Advocates choosing mediators in such matters may believe they need a mediator who will assert authority and persuade the other party, despite the other party's lawyer's view of the case. If that is true, they may be more apt to choose a man over a women. It also is disproportionately the case that the decision about who to hire as a mediator or arbitrator rests with counsel and their business clients. These decision makers—litigators, general counsel, business leaders—are overwhelmingly male, as noted above, and may be more likely to choose a mediator or arbitrator who most closely mirrors their own professional experience, giving men an inherent advantage in the alternative dispute resolution (ADR) selection process.
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