Neutral Diversity in Ontario - Profiling Select Diverse ADR Practitioners

  • June 19, 2024
  • Diana W. Dimmer and Tamryn Jacobson

INTRODUCTION

In March 2022, the OBA Working Group on Neutral Diversity published its report which highlighted the fact that arbitrators and mediators (“Neutrals”) do not generally reflect the gender or racial diversity of the demographics in the province. The report included the results of a survey of OBA members and other background information which supported the report’s conclusions on the need for improvement. 

Although there has been an increase in the diversity of members of the legal profession in Ontario, the OBA survey identified that there is a lack of diversity in the hiring of mediators and arbitrators. The survey was conducted between April and July 2021 and is a useful snapshot in time that identifies these concerns.  For example, different trends emerged when the survey responses were considered by practice area for both mediators and arbitrators:

“Commercial litigators hired male mediators 80% of the time, and white mediators 98% of the time in the last two years, based on the survey results from 35 commercial litigator respondents.  

Employment lawyers hired male mediators 50% of the time, and white mediators 91.5% of the time in the last two years, based on the survey results from 18 employment lawyer respondents….

Commercial litigator respondents hired male arbitrators 82.6% of the time and white arbitrators 100% of the time in the last two years, based on the responses of 35 respondents practicing in that area. 

Employment lawyer respondents hired male arbitrators 66% of the time, and white arbitrators 96% of the time in the last two years, based on the responses of 18 respondents practicing in that area.”

The link to the OBA Report on Neutral Diversity is here.

One of the issues noted in the report was the lack of familiarity with diverse Neutrals. The report contained recommendations including that lawyers and law firms request or present diverse names when seeking or making recommendations for Neutrals, that lawyers and law firms set goals to increase the retention of diverse Neutrals and also help to promote diverse Neutrals to colleagues. 

As members of the OBA ADR Executive we wanted to continue the work of improving Neutral diversity in Ontario.  As part of that we will be using the OBA-ADR newsletter to profile select diverse Neutrals so that OBA members and others gain greater familiarity with these diverse ADR practitioners.