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