Originally from Alternatives to the High Cost of Litigation

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Over three previous installments, author Sarah Rudolph Cole has analyzed the lack of diversity among arbitrators on rosters, and in parties’ selections, for moving their matters through the alternative dispute resolution process. After offering two solutions in last month’s Part 3 on problems in the “pipeline”— that line of education, life experiences, and jobs that can ultimately lead to a career as an arbitrator—Cole concludes her series with two more proposed improvements, and with hopes that the profession can work to ensure that parties have the opportunity to select from diverse neutrals.

Part 3’s first solution covered steps that arbitral institutions could take to expand their rules to permit direct appointment of arbitrators in more cases. It also reviewed the steps providers already have taken, and looked ahead to increased diversity benefits from these efforts. The second proposal, Cole explained, is to create a greater number of permanent arbitrator panels that reflect population diversity, building on areas and industries where standing panels are commonplace.