Mediation is losing its effectiveness because mediation panels are not diverse and do not reflect the gender and race of their employees. Corporations are realizing the lack of diversity and are making demands that panels be diverse panels on Alternative Dispute Resolution providers and law firms.
The corporate panel, who was represented by corporate counsel from Cingular Wireless and T-Mobile and employee internal dispute resolution directors from Coca Cola Enterprises and Shell, agreed that awareness needs to be raised and that the profession needs to become more diverse. The lack of diversity is problematic in the employment arena. Corporations are finding that mediation is losing its effectiveness and they are losing their credibility with employees when they can only offer a homogenous group of neutrals to resolve workplace disputes. Corporations have an immediate need for Diverse ADR neutrals and the national ADR providers they use are not delivering a diverse panel.
Shell, which has an employee internal dispute resolution program 'RESOLVE', is not comfortable with just raising awareness. Shell is taking affirmative steps to make sure that it can choose neutrals from a diverse ADR panel. Shell is committed to the economic development of minority and women owned suppliers and actively engages in efforts to provide for inclusion by partnering with certified firms. Several years ago, Shell Oil Company was one of the first corporations to carry the torch and ask its majority law firms to demonstrate a commitment to diversity. Many firms can attest to the fact that a failure to demonstrate a commitment to diversity would jeopardize their relationship with Shell. Once again Shell has come to the forefront by introducing supplier diversity to the ADR profession and announced that Shell will extend business opportunities to certified minority and women ADR neutrals. These efforts, coined as "second tier" allow Shell to influence prime or majority ADR firms, with whom they do business, to also contract with minority and women owned ADR firms within the business community. Shell's message is driven by contract language and sharing information on benefits of engaging a more representative group of suppliers. In the upcoming months Shell will be targeting prime firms that provide ADR services to participate in second tier efforts. Shell astutely recognizes that by embracing the concept of inclusion, the company will rise to a higher level, reflecting its belief that it "will benefit from diversity through better relationships with customers, suppliers, partners, employees, government and other stakeholders, with positive impact on the bottom line.
"Law firms agreed that law firm Diversity initiatives did not gain any momentum until corporations made demands that law firms commit to diversity or they would lose the corporation as a client. Diversity in the ADR profession needs to take place, but that it is the economic motivation that will move Diversity forward in the ADR profession. If corporations make demands that law firms use ADR providers that are diverse in mediating or arbitrating their cases, or risk losing business, they will use diverse ADR panels. Unless it affects the bottom line, entities will not be motivated to move forward and embrace diversity in ADR. Shell Oil has taken the step to carry the bottom line torch which will ignite the Diversity fire in the ADR profession.
And the Oscar for Best Movie Goes To--- Crash of Racial Stereotypes and Humanitarian Babel.
Last year we saw Crash running away with the Oscar, and was acclaimed for not only the best movie of the year, but for its exposure of race relations, bias and stereotypes in American society. Again this year, Hollywood, has by accident, created incredible teaching tools that can be used to raise our unconscious biases and stereotypes which can lead us to recognize unique, individual features of others.
Celebrating The MLK Holiday Without Cutting Into a Businesses' Operating Revenue
Employers face a dilemma, each year, on which holidays to give off to their employees. Many employers do not give Martin Luther King Jr. birthday as a holiday. They do not want to be seen as racist or close minded, but employers are concerned about making enough revenue in order to pay for their overhead. However, employers have a lot of options in solving this dilemma without cutting into their revenue.
The Watchful Eye Of An Employer Can Invade The Employee’s Privacy.
Employers can be liable for secretly placing a video camera in an employee‘s office, even if the employer does not view any of the video. An employer must control his watchful eye and use it in limited circumstances.
