May 17, 2019 Article

Gender Diversity with Mediators, Arbitrators, and Expert Witnesses

We can all add diverse neutrals to our personal rosters of “go-to” mediators we propose to opposing counsel.

By Naomi M. Berry

As litigators, we’ve all heard these familiar phrases—“We need a mediator who can really beat up on the other side” or “ISO tough mediator recommendations.” Unfortunately, too many of us who have suggested a woman for the job have been met with skepticism or outright rejection. This type of implicit bias is not only hurting business opportunities for women in alternative dispute resolution (ADR) but also potentially diminishing the chances of a successful mediation.

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