Can Diversity Increase in the Workplace With the Help of ADR?
By Delilah van Tol
Many of our earlier written blogposts touch upon the concept of diversity. We can all agree with the importance of diversity and the concurrent lack of diversity within the workplace. Many initiatives are taken upon increasing diversity and offering everyone equal opportunities no matter their background, sex, or any other factor. This blog post argues that implementing Alternative Dispute Resolution within a company will also increase diversity and will further explain how ADR can help to achieve this goal.
Some companies implement a diversity pledge.[1] This pledge entails the following;
“• Cultivate environments that support open dialogue on complex — and often difficult — conversations around diversity, equity and inclusion,
• Implement and expand unconscious bias education and training,
• Share best-known diversity, equity and inclusion programs and initiatives — as well as those that have been unsuccessful, and
• Engage boards of directors when developing and evaluating diversity, equity, and inclusion strategies.”[2]
Besides these initiatives, implementing an ADR platform within a company could give real meaning to a diversity pledge. This is because with an ADR platform the disputing parties would have more control over the decision-makers, which is something that they do not have when it comes to litigation.[3] The parties will especially be able to request the selection of an arbitrator or mediator that is diverse.[4]
Minorities are often (un)awarely disadvantaged in work disputes. To prevent such disadvantageous situations, minorities need to be represented within the company. This means that minorities should have their seat within arbitral tribunals, so as to create visibility, availability, and acceptability.
It also happens that people do not have the realization that their actions create a decrease in diversity. It is thus of great importance to educate the employers that are using the ADR services about conscious and unconscious biases in a neutral selection process.[5] In that regard, the parties could still implement a viable system of accountability by encouraging ADR users to select minority neutral decision-makers for any workplace dispute.[6]
What can the arbitrators in said tribunals do to increase diversity? When the arbitrator is appointed by one of the parties and is then given the chance to decide on the chair of the tribunal, they could choose with diversity as one of their aims, which will create a most suitable tribunal to decide on the work dispute.
In conclusion, diversity can increase when diversity is implemented in the workplace. Nevertheless, the employers, employees, and everyone involved still have the responsibility to act toward a diverse workplace. Implementing ADR is not a solution in itself, but is another step toward the right direction that should be taken by many companies across the world. Besides the increasing diversity it will provide a more comfortable workplace, the disputes will be resolved with each party's best interest in mind, and people will value a workplace that cares for their employees. Thus, diversity can be increased in the workplace when making use of ADR mechanisms, but it will need work and input from multiple stakeholders.
[1] Want to read more about diversity pledges? Check out: https://mlrstudentprojects.squarespace.com/blog/2021/1/15/equal-representation-in-arbitration-pledge
[2] PWC, ‘We pledge to ACT ON supporting more inclusive workplaces’ (2017-2022) < https://www.ceoaction.com/pledge/ > Accessed on 12.05.2022.
[3] PWC, ‘We pledge to ACT ON supporting more inclusive workplaces’ (2017-2022) < https://www.ceoaction.com/pledge/ > Accessed on 12.05.2022.
[4] Svetlana Gitman. ‘How ADR Itself Increases Diversity’ (17.02.2022, AAA-ICDR) < https://www.adr.org/blog/How-ADR-Itself-Increases-Diversity> Accessed on 12.05.2022.
[5] David A. Hoffman and Lamont E. Stallworth, ‘LEVELING THE PLAYING FIELD for Workplace Neutrals: A Proposal for Achieving Racial and Ethnic Diversity’ (2008, Dispute Resolution Journal) <
https://blc.law/wp-content/uploads/2016/12/HoffmanStallworth-branchmainlanguagedefault.pdf > Accessed on 12.05.2022.
[6] Ibid.