Given the historical exclusion of minorities from the legal profession, the lack of diversity in alternative dispute resolution (ADR) is not surprising. The diversity and inclusion issue is magnified by the unique features of the ADR field. Neutrals with diverse backgrounds can help administer justice in today’s increasingly diverse society, as they are a reflection of the people they serve. Of course, mere diversity is not enough; the meaningful inclusion of those diverse candidates in the industry is the next chapter of the ADR story.

I had the opportunity to conduct a study on this issue with leading ADR professors and practitioners, and we published a paper exactly a decade ago. Maria R. Volpe, Robert A. Baruch Bush, Gene A. Johnson Jr., and Christopher M. Kwok, “Barriers to Participation: Challenges Faced by Members of Underrepresented Racial and Ethnic Groups in Entering, Remaining, and Advancing in the ADR Field,” 35 Fordham Urb. L.J. 119 (2008). In that study, we identified professional, institutional and economic barriers that everyone faced, but we also recognized that each of those barriers were encountered more frequently by minorities, given their long-time exclusion from the legal field. Since the publication of the paper, new pathways have appeared and a new generation of practitioners has emerged, bringing energy to the field. Using the paper as a starting point, I will comment on what has transpired in the past decade and offer my thoughts on what the next decade may bring.

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