ADR CORNER
ADR in Florida, Th
LAWRENCE GORDON
What do the Academy Award Nominations,
the National Football League and ADR
in Florida have in common? There is an
appalling lack of diversity in each of them.
All are controlled by white men. In most
cases, older white men who are adept at
protecting the status quo and fighting the
tides of change. Some argue that diversity
should not be considered in the arts,
professional sports, and even ADR. Therein
lies the problem.
People of color didn’t receive Oscar Nominations
and African American assistant
coaches didn’t receive consideration for
head coaching positions despite seventy-five
percent of league players being African
American. Of the thirty-two NFL
teams, only two Head Coaches were African
American in 2019.
According to the Florida Dispute Resolution
Center, there are approximately thirty-two
hundred Supreme Court Certified Circuit
Civil Mediators in the state. Unfortunately,
only 3.8 percent or 122 are men and women
of color.
People of color are often excluded from
the process. One cannot win if one is not
allowed in the game. Seeking quality and
seeking diversity aren’t mutually exclusive.
The belief that diversity will work itself
out without being fostered and nurtured
is rubbish. Diversity isn’t created by good
thoughts and well-meaning. One creates
diversity deliberately and intentionally.
Bias must be recognized and rooted out for
diversity to exist and thrive. Access and
power are rarely given up voluntarily. This
usually requires strong and direct actions
for change.
In 2006-2007, the Florida Supreme Court
changed the rules of qualifications for one to
become a mediator.
It created a path for non-lawyers to become
Certified Mediators. The lack of diversity
among Florida mediators contributed to
this rule change. In a 2019 report, Judicial
Arbitration and Mediation (JAMS) called on
the legal profession to work harder toward
diversity. It asked firms to institute the
Mansfield Rule which
pursue diverse candid
percent of their employ
This is very similar t
the NFL which requi
head coach opening to
candidate of color. Whi
efforts, they are volunt
changed.
Mediation firms hav
for non-lawyer med
participate in the ten a
required for certificat
many of these candid
open them to seriou
and take jobs from
Malpractice insuranc
and certainly the Supr
these issues before
Some mediation firms
too many mediators. H
Florida’s population i
million and there ar
six hundred in all c
Mediators? What th
saying is, if there is an
mediators, it is becaus
who are white males
become mandatory for
a certain number of m
color each year to rem
with the Florida Bar.
must change.
The larger and more
greater the chance fo
and perspectives. ADR
diversity forward by u
Mediators and Arbitrat
In 2018, business mo
was involved in a
arbitration. He noti
African American ar
select. He complaine
agreed that the lack
arbitrators was discr
Constitution of New Y
situation demonstrate
diversity.
Recently, I received a c
personal injury law fir
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