Model Arbitration Rider Encourages Diversity in Selection of Neutrals

Kim Taylor: When we look at the challenge of ensuring that a more diverse group of ADR professionals are handling cases around the country, there are some elements we have control over, but there are also many decisions that happen outside of JAMS – by the users of ADR services, for instance. We thought it might be helpful to provide language that parties can include in their arbitration contract clauses, to encourage both sides in a dispute to consider diversity when choosing an arbitrator or panel of arbitrators. The new section on diversity and inclusion in our workbook reads, “The parties agree that wherever practicable, they will seek to appoint a fair representation of diverse arbitrators (considering gender, ethnicity and sexual orientation) and will request administering institutions to include a fair representation of diverse candidates on their rosters and list of potential arbitrator appointees.”

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