| Diversity happens when it has a positive impact on the | | | | business opportunities to certified minority and women |
| bottom line. This was the overall consensus of | | | | ADR neutrals. These efforts, coined as "second tier" |
| representative corporations and law firms this past | | | | allow Shell to influence prime or majority ADR firms, |
| year at an ABA Dispute Resolution Section Diversity | | | | with whom they do business, to also contract with |
| Forum. Mediation is losing its effectiveness because | | | | minority and women owned ADR firms within the |
| mediation panels are not diverse and do not reflect the | | | | business community. Shell's message is driven by |
| gender and race of their employees.The corporate | | | | contract language and sharing information on benefits |
| panel, who was represented by corporate counsel | | | | of engaging a more representative group of suppliers. |
| from Cingular Wireless and T-Mobile and employee | | | | In the upcoming months Shell will be targeting prime |
| internal dispute resolution directors from Coca Cola | | | | firms that provide ADR services to participate in |
| Enterprises and Shell, agreed that awareness needs to | | | | second tier efforts. Shell astutely recognizes that by |
| be raised and that the profession needs to become | | | | embracing the concept of inclusion, the company will |
| more diverse. The lack of diversity is problematic in the | | | | rise to a higher level, reflecting its belief that it "will |
| employment arena. Corporations are finding that | | | | benefit from diversity through better relationships with |
| mediation is losing its effectiveness and they are losing | | | | customers, suppliers, partners, employees, government |
| their credibility with employees when they can only | | | | and other stakeholders, with positive impact on the |
| offer a homogenous group of neutrals to resolve | | | | bottom line."Law firms agreed that law firm Diversity |
| workplace disputes. Corporations have an immediate | | | | initiatives did not gain any momentum until corporations |
| need for Diverse ADR neutrals and the national ADR | | | | made demands that law firms commit to diversity or |
| providers they use are not delivering a diverse | | | | they would lose the corporation as a client. Diversity in |
| panel.Shell, which has an employee internal dispute | | | | the ADR profession needs to take place, but that it is |
| resolution program 'RESOLVE', is not comfortable with | | | | the economic motivation that will move Diversity |
| just raising awareness. Shell is taking affirmative steps | | | | forward in the ADR profession. If corporations make |
| to make sure that it can choose neutrals from a | | | | demands that law firms use ADR providers that are |
| diverse ADR panel. Shell is committed to the economic | | | | diverse in mediating or arbitrating their cases, or risk |
| development of minority and women owned suppliers | | | | losing business, they will use diverse ADR panels. |
| and actively engages in efforts to provide for inclusion | | | | Unless it affects the bottom line, entities will not be |
| by partnering with certified firms. Several years ago, | | | | motivated to move forward and embrace diversity in |
| Shell Oil Company was one of the first corporations to | | | | ADR. Shell Oil has taken the step to carry the bottom |
| carry the torch and ask its majority law firms to | | | | line torch which will ignite the Diversity fire in the ADR |
| demonstrate a commitment to diversity. Many firms | | | | profession.By Elizabeth A. Moreno, Esq, a Los Angeles |
| can attest to the fact that a failure to demonstrate a | | | | employment attorney and mediator, who guides small |
| commitment to diversity would jeopardize their | | | | business through treacherous rivers of employment |
| relationship with Shell. Once again Shell has come to | | | | compliance and litigation that threaten to sink their |
| the forefront by introducing supplier diversity to the | | | | business. |
| ADR profession and announced that Shell will extend | | | | |