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