The RCI™ Pledge for ADR Service Providers

Mission Statement

The mission of RCI Inc. is to increase the diversity, equity, and inclusion in the selection of arbitrators, mediators, and other ADR neutrals.  It will do this by encouraging commitment to the RCI Pledge and otherwise providing research and tools to support the selection of diverse neutrals.

RCI™ Pledge Preamble

The American Bar Association has been a leader in promoting diversity, equity, and inclusion efforts, specifically regarding the elimination of bias and enhancing diversity in the legal profession.  In 2018, the ABA’s House of Delegates adopted Resolution 105,[1] which was aimed at increasing diversity in dispute resolution because parties, society and justice are best served when neutrals reflect the broader community.[2]

In response to the call to action of ABA Resolution 105, the Ray Corollary Initiative™ was launched to encourage ADR providers and selectors to strive for their slates or rosters of proposed neutrals for any given matter to include at least 30% of diverse neutral candidates (defined as Black, Hispanic, Latino/a/x, Indigenous, Asian American Pacific Islander (“AAPI”), other people of color, women, persons of differing sexual orientations and gender identities, and persons living with disabilities) and drive accountability by tracking selections from those slates or rosters. 

Social Science empirical research has demonstrated that when 30% or more of a final slate of candidates is diverse, the statistical chance of selecting a diverse candidate is disproportionately higher. The converse is true:  when less than 30% of the slate is diverse, the chance of selecting a diverse candidate diminishes nearly to zero (collectively, the “30% metric”).  Meeting the 30% metric has been shown in other contexts to have the effect of expanding and promoting diverse persons in positions of importance.[3]

RCI™ PLEDGE FOR ARBITRATION SERVICE PROVIDER[4]

In furtherance of our commitment to diversity, equity, and inclusion, I/we pledge to set as a goal to include at least 30% diverse neutrals (defined consistently with ABA Resolution 105 as persons who are Black, Hispanic, Latino/a/x, Indigenous, AAPI, other people of color, women, persons of differing sexual orientations and gender identities, and persons living with disabilities) as candidates on any list (three or more) from which the neutrals for a given matter are ultimately selected.  We will ask our outside law firms and counterparties to do the same.

To further drive accountability, we will track the percentage of diverse neutrals proposed in matters where we propose a roster of arbitrators from which neutrals will ultimately be selected.  To the extent possible, we will track the percentage of diverse neutrals that are appointed in matters where we propose or appoint neutrals. 

Hidden

Next Steps: Sync an Email Add-On

To get the most out of your form, we suggest that you sync this form with an email add-on. To learn more about your email add-on options, visit the following page (https://www.gravityforms.com/the-8-best-email-plugins-for-wordpress-in-2020/). Important: Delete this tip before you publish the form.
Email Address(Required)

Commitment to the RCI™ Pledge: We commit to the RCI Pledge

MM slash DD slash YYYY

[1]      In part, ABA Resolution 105 “… urges providers of domestic and international … dispute resolution to expand their rosters … to encourage the selection of diverse neutrals; and … urges all users of domestic and international … neutral services to select and use diverse neutrals.”  105.pdf (americanbar.org).

[2]      See ABA Dispute Resolution Section, ABA Resolution 105 Report to House of Delegates at 1 (Aug. 2018).

[3]      Stefanie K. Johnson, David R. Hekman, & Elsa T. Chan, If There’s Only One Woman in Your Candidate Pool, There’s Statistically No Chance She’ll Be Hired, HARVARD BUS. REV. REPRINT H02U2U at 2-3, 6.            

[4]      The language of the Pledge will be modified to identify the entity taking the Pledge.