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