However, if you really want to address the bias issue the question must be asked of all minorities. How many have ever tried to obtain a list of proposed panel members with minorities? My firm has NEVER had ANY black arbitrator we have nominated to sit as a party appointed arbitrator approved by the AAA. Objectively less qualified white appointees are regularly confirmed.

We have repeatedly nominated extremely experienced trial lawyers, even former judges as party arbitrators. ALL have been removed by the AAA. Of course, the AAA always refuses to state any reasons for removing them. Any review of their web site backgrounds and photos usually makes those appointees minority status clear. The lack of any explanations by the AAA makes our clients distrustful of arbitration.

We frequently represent "Historically Underutilized Businesses." Why is it that even when we make a request for panels with minority members, the AAA panels we are sent are lily white and male? I fit the first three categories describing AAA arbitration panels as, "old, male, pale and stale." However, when we are representing HUBs, I believe it is important to have at least have one possibility of selecting an arbitrator my client feels comfortable with and has confidence in.

Recognition of the problem is a good first step. Perhaps a more effective one would be to call this issue to the attention of Congress and State Legislatures so they can address this situation. If arbitration tribunals are going to be dispensing justice as substitutes for the courts, why should not they should be reflective of our society?

Thanks for raising this topic.

Although this might sound ironic coming from an ADR professional, maybe what we need is a good old-fashioned law suit. That might get some folks to sit up and take notice.

The previous commenter, "Richard" makes a telling point. Given how much public justice has been supplanted by private ADR (particularly within the context of arbitration), perhaps this is a subject worthy of our lawmakers' attention.

On the mediation front, I have two top choices in rotation with one particular firm we use a lot, one male, one female. In asking around, these two individuals are both held in similar widespread esteem and respect (and usage!) across a big swath of litigators I know.

The interesting point is this is primarily in construction litigation, a male dominated industry that tends to skew even heavier towards male percentages of lawyers than perhaps other practice areas. I am hopeful that as the numbers of judges have shifted over time, we will see the ADR ranks become more even. At least we are seeing that traction in some respects around our practice, but it is certainly not universal.