Most of us have read at least one article discussing the need for greater diversity in the legal profession. Typically the focus is on law firms needing to diversify their ranks, or the role that inside corporate attorneys can play in encouraging their outside counsel to pay attention to diversity. However, there is a large segment of the legal profession that is not typically included in a discussion of diversity: alternative dispute resolution. According to a report published in 2008 by the Journal of Empirical Legal Studies, somewhere between 80 and 92 percent of all disputes are settled out of court instead of through litigation. Corporate law departments or law firms select thousands of mediators and arbitrators each year to handle matters ranging from employment to bankruptcy to patent infringement. While there are no industry statistics that break out demographics of mediators and arbitrators, discussion with general counsel, ABA officials and outside counsel reveal a common theme: ADR practitioners who have built a successful practice are less likely to be women and even less likely to be minorities.
“Why is this important?” you might ask. Over the past couple of decades there has been a general acceptance that diversity yields real benefits to the legal process, whether working out the details of a business deal in an emerging market, or ensuring that a high-stakes employment case doesn’t escalate into an unnecessarily expensive (or embarrassing) debacle. The ability to tap into a variety of perspectives based on gender, age, ethnicity or sexual orientation helps ensure strategies and solutions reflect the increasingly diverse world we live in. The realization of these benefits has driven an increased focus on hiring and retention strategies within both law firms and corporate legal departments.
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