Negotiating Gender

Why so few women neutrals?

And what, if anything, can we do about it?

AAA Diversity• Our integrity demands impartial and

fair treatment of all people with whom we come in contact, regardless of gender, race, ethnicity, age, religion, sexual orientation, or other characterization.

• Because of the breadth of the AAA's work and the global reach of its services, we recognize the importance and contribution of a diverse work force, a diverse Roster of Neutrals, a diverse Board, and commit to respect and increase diversity in all our endeavors.

• The mission of the CPR Diversity Task Force is to:– devise practical strategies to increase the participation of women and minorities in

mediation, arbitration and other ADR processes• It also

– coordinates with minority bar associations on diversity initiatives around the country.

– developed “The ADR Diversity Survey” as a model to corporations seeking to measure the current state of participation of professional women and minorities in arbitration, mediation and dispute settlement.

– established an annual “Award for Outstanding Contribution to Diversity in ADR” to recognize a person who has contributed significantly to diversity in the alternative dispute resolution field.

• The Co-Chairs of this Committee are Tom Sager of E.I. du Pont de Nemours and Company, Charles Morgan of FTI Consulting and Carla Herron of Shell Group.

Now 55-60 Now 45-50

Now 60-65

• 30% of 1.1 million practicing attorneys today

• Make 60 cents on the male lawyers dollar

• Women are:– 48% of first- and second-year

associates– 34% of of-counsels– 27% of non-equity partners,

and – 16% of equity partners.

trend has not changed dramatically in a number of years despite the very substantial number of women law graduates who entered firms in the last

20 years.

Ginger Rogers: she did everything that Fred did but backwards . . . and in heels

ADR Services, Inc. • So Cal: 13 women & 62 men • 20% women

JAMS • Los Angeles: 14 women & 61 men• 23% women

Though these panels are short of the 33% women who occupied law school thirty years ago

• ADR neutrals are mostly drawn from law school classes between – 1970 (when the percentage of women

was ten percent) and – 1990 when the percentage of women

was 43%, with most neutrals congregating at the older end of the spectrum.

Implicit Bias from Harvard’s Project Implicit

I scored here

Implicit biasAs Project Implicit points out in referring test takers to Cutting Edge Law:

Implicit bias based on racial and other stereotypes is universal.

Implicit bias is unconscious.It dwells within the minds of

even the most liberal and progressive lawyers.

It operates in a subtle and insidious fashion.

What’s being written?

No one gives away economic or political

power

we must train our daughters that they have market value

and that they can and should “ask for it”

Diversity is not about erasing differences – it’s about benefiting from them. In our work for clients, we strive to turn complexity into opportunity. Within our own walls, the challenge is no different. Every person brings a different portfolio of strengths based upon where he or she comes from in life. That’s something we hope never changes.

• Ours should be a workplace in which everyone feels welcome.• Opportunities to do important work and advance within the

organization should be equally available to all.• Everyone at Deloitte should feel free to live honestly and openly,

without the need to conform to anyone else’s expectations about culture or lifestyle.

• We should be able to walk into any boardroom and present our clients with a team of professionals that reflects their own.

• To sustain our competitive advantage we must attract, retain and develop the best talent in the marketplace.

• ADR Women’s Initiative– Working in tandem with

existing women lawyers organizations, and corporate and AmLaw 200 diversity and inclusivity programs

– Populated by men and women dedicated to improving ADR’s commitment to the promotion of women neutrals

– Drawn from the academy, judiciary, private and public legal practice, and corporate America

• high profile campaigns marketing women on every arbitration and mediation panel in the country

• the placement of far more women on private ADR panels

• To address implicit bias, place at least four women on every list of 10 proposed arbitrators

• Promote women whenever you market• Empower your women with education and

training for business development• Provide your women with leadership,

networking and business development opportunities

• Women with power and access to power networking to improve the standing of their professional counterparts in business, the judiciary, law firms, public legal practice, politics and ADR

This year’s ADR Service’s Daily Journal Top Neutrals

What we can do