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