JUNE BAR BULLETIN JUNE 2024 BULLETIN | Page 12

ANA CRISTINA MALDONADO

If you represent clients in mediation or in arbitration , you have proposed , selected , and hired neutrals . Stop and reflect for a moment on the last five to ten years : How diverse is the group of neutrals that you have worked with ?

Your answer may depend on the type of law you practice . Family mediators skew female . County mediators are quite diverse . But if you practice in commercial civil law , particularly on high dollar value cases , your arbitrators and mediators are most likely all white men .

According to the American Bar Association ’ s ( ABA ) Report on Resolution 105 : “ Dispute Resolution [ is ] a segment of ‘ legal ’ services that has been described as ‘ arguably the least diverse corner of the [ legal ] profession .’”

Florida ’ s pool of lawyers and mediators also reflects this lack of diversity , as illustrated in the table below . delegated the choice to your paralegal from a curated shortlist of effective and experienced neutrals . Maybe you rely on colleagues . Today , I ask you to stop and reflect on your habitual neutral selection process .

To prompt that reflection , here are some stories :

• An African American attorney , recently trained as a Florida Supreme Court Certified Circuit Civil mediator , observed that in 20 + years of practice , he never had a mediator who looked like him . He thought to pursue mediation work only recently , when after a case , the mediator told him that he would be good at it .

• A creative and transformative mediator ( and eminent retired African American lawyer ) shared that throughout his career , he never served as mediator on a case where there was not at least one black person . While he has ably served

1926 . The judge described organizing a mediator training for minority neutrals and reported that , as a result , there are now six diverse mediators working in her state .

The big picture emerges from choices on two levels : policy and case-by-case .

So what should we do ?

• Increasing the diversity of our bench is a long-standing policy goal . It ’ s time to set the same goal for neutrals and take action . Firms ( both mediation rosters and law firms who hire mediators ) should implement the 30 % metric and measure progress .

• If you are a diverse attorney : add skills as a neutral to your toolbox and get trained as a mediator or arbitrator . Market yourself to your community and beyond . Build your skills through experience .

• If you are an individual attorney , and upon reflection , your mediator or arbitrator short list could be more diverse : Look beyond your usual list and try someone new . Be intentional . Use diverse neutrals not only in cases that serve their respective communities , but in cases beyond .

DRC Mediator Search Reports , on 5MAR2024 , compiled by Christopher Shulman , Esq .

When it comes to increasing diversity in dispute resolution , individual attorneys – YOU – have influence and control . You can ’ t choose your judge , but you can choose your neutral . Your choice matters .

The large national panels are heeding the ABA ’ s call and working to diversify their rosters of neutrals . JAMS and the American Arbitration Association ( AAA ) have all sought to increase their rosters to reflect a metric of 30 % diverse neutrals , recruiting new panelists and tracking the rates at which they are hired .

You might be thinking “ So what ?” Choosing a neutral is one of hundreds of decisions you make in a day . Maybe you ’ ve his community , many people outside it will never know what they have missed .

• A white female judge from Portland , Oregon described how there were ZERO mediators of color in her state . Acknowledging her city ’ s “ woke ” reputation , she also referenced the exclusion laws that banned black people from being in Oregon Territory , which were enshrined in Oregon ’ s state constitution from its inception until

Ana Cristina Maldonado is Chair Elect of The Florida Bar ’ s ADR Section ( 2023- 2024 ) and was appointed in 2023 by the Chief Justice of the Florida Supreme Court to the Mediator Ethics Advisory Committee ( MEAC ). A Florida Supreme Court Certified Mediator in Circuit Civil , County , Dependency and Family and a primary trainer with over 2,000 mediations , she currently teaches at Nova Southeastern University ’ s Shepard Broad College of Law .

PBCBA BAR BULLETIN 12