Yesterday I pointed readers to an electrifying series by commercial mediator and arbitrator, Victoria Pynchon, which rips the lid off the ADR profession’s secret and unacknowledged shame: the absence of women and minorities from the prestigious ADR panels:
Not content to merely name the problem, my colleague today proposes solutions in “Combatting Implicit Gender Bias in ADR“.
Turning to Americans for American Values for ideas, Pynchon identifies the cure, a detailed action plan, which you can read in her post. It’s going to take strong medicine to cure what ails us.
It takes guts to do what she Pynchon has done. She warns readers “that the topic of implicit gender bias is ‘toxic’”,with the potential of poisoning her market against her and costing her opportunities. Her post stands as a challenge to other women – and men, too – in ADR to break the silence and speak out. In solidarity, I stand shoulder to shoulder with my colleague on the West Coast. I issue a call to arms of my own:
It’s time for ADR membership organizations to make the vanquishing of implicit bias a local and national priority – and actually do something about it. The ABA Section on Dispute Resolution has a diversity committee, but it has apparently posted nothing new on its site in two years. This is also a committee limited in size with membership by appointment only. How about opening it up to those of us out here hungry for change and ready to act? The Association for Conflict Resolution has a diversity committee as well – what is it doing right now to actively battle implicit bias and improve access to business opportunities for all ADR professionals? What about the numerous regional and state associations for ADR professionals? NE-ACR? SCMA? TAM? This problem affects your membership – what will you do to make a difference? State bar associations with ADR committees, where are you on this? Exert your influence. And let the rest of know what needs to be done so we can roll up our sleeves and get to work.
There’s been time enough to talk. It’s time at last to do.
In the third episode of ADR podcast series Cafe Mediate, I serve as host while professional mediator and author Tammy Lenski, international business mediator Amanda Bucklow, New York City detective and conflict resolution professional Jeff Thompson, and commercial mediator Victoria Pynchon debate the question, “What kind of preparation is involved in becoming a mediator?”
You can pour yourself a cup or glass of your favorite beverage, pull up a chair, and enjoy the conversation in any of three ways:
Each month Cafe Mediate (motto: “where conversation, not caffeine, is the stimulant”) features conversation among ADR practitioners about topics relevant to the business, practice, and future of our field.
Coming up next time: a two-part discussion on mediator certification that is sure to produce sparks. Caution: avoid wearing flammable material while listening to that one.
Thanks so much to my wise, talented colleagues for another outstanding discussion about the issues that matter.
From time to time I select noteworthy blogs from recent additions to ADRblogs.com, the site tracking alternative dispute resolution blogs world-wide, and highlight them here. Here is my latest selection, four blogs that stand out in different ways:
Mediation Strategies, published by San Francisco mediator and lawyer Michael Carbone, discusses techniques for resolving civil lawsuits and other disputes, with recommendations to lawyers and clients on how to prepare for mediation. Carbone, who writes well, is off to an impressive start, with posts such as “Deciding when to mediate“, earning him a well-deserved place among Mediate.com’s Featured Bloggers.
The Trial Warrior is published by Antonin Pribetic, a Toronto-based lawyer who specializes in domestic and international commercial litigation and arbitration. Pribetic is also an academic, teaching Advanced Legal Process at the University of Toronto at Mississauga-Rotman School of Management Diploma in Forensic & Investigative Accounting (DIFA) program. A gifted writer who brings keen-eyed analysis to his work, Pribetic describes the unique focus of this outstanding blog:
A few years ago, I picked up a copy of The Art of War—the classic Chinese treatise on military theory and Taoist philosophy—and experienced an epiphany after reading the following quote from Sun Tzu: “Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat.” Since then, I have studied and applied The Art of War to both my professional and personal life. This blog will endeavour to lead rather than simply follow; to enlighten, inform and entertain, as well as to learn from its readers, contributors and warriors in all disciplines and walks of life.
Mediation’s Place, published by Joseph C. Markowitz, a trial lawyer and mediator based in Los Angeles, grapples with compelling questions:
How does mediation fit into a system of justice that seems antithetical to mediation? What changes need to be made to court procedures, and to litigants’ mindsets, in order to resolve issues by negotiation instead of by litigation? Why is mediation called a form of “alternative” dispute resolution? What makes mediation work?
New bloggers are often advised to focus their blog on a niche topic. Published by Florida firm Upchurch Watson White & Max, Wealth Mediation Blog does precisely that, focusing its posts on issues relevant to its client base, family businesses and families of wealth.
For additional blogs on alternative dispute resolution and negotiation, consider my recent list of top 24 ADR blogs.
My long-time pals over at the 
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