Mission Statement

The mission of the Ray Corollary Initiative, Inc. (RCI) is to encourage ADR providers and selectors to increase the utilization of neutrals with wide-ranging work and life experiences, while maintaining the parties’ autonomy to make the selection decision.  It will do this by urging selectors and/or parties to choose their proposed panels of neutrals, and providers to create slates, to include at least 30% of historically underutilized neutrals. This mission enhances the credibility of the ADR profession and processes.

RCI™ Pledge Preamble

The American Bar Association has been a leader seeking the elimination of bias and exclusion in the legal profession. In 2018, the ABA’s House of Delegates adopted Resolution 105, ^[1] which was aimed at increasing options in the selection of dispute resolution professionals 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 rosters or proposed panels of neutrals to include at least 30% of historically underutilized neutrals. This approach broadens the pool of available neutrals, offering parties neutrals with wide-ranging work and life experiences. To further promote accountability, we will track the percentage of historically underutilized neutral candidates presented to the parties for their selection, and to the extent possible, track the percentage of underutilized neutrals that are considered and/or appointed by the parties.

Empirical social science research has demonstrated that when 30% or more of a final pool of candidates includes candidates that have been historically underutilized, the statistical chance of selecting an underutilized candidate is disproportionately higher. The converse is true: when the pool of final candidates includes less than 30% of underutilized candidates, the chance of selecting an underutilized candidate diminishes nearly to zero (collectively, the “30% metric”). Meeting the voluntary 30% metric has been shown in other contexts to have the effect of expanding the selection or promotion of underutilized persons in positions of importance. ^[3]

RCI™ PLEDGE FOR ADR SERVICE PROVIDERS^[4]

In furtherance of our commitment to increase fairness, access, and representation in the selection of arbitrators, mediators, and other ADR neutrals, and subject to the criteria selected by the parties, we pledge to set as a goal to include at least 30% of historically underutilized candidates 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 historically underutilized neutral candidates presented to the parties for their selection, and to the extent possible, track the percentage of underutilized neutrals that are considered and/or appointed by the parties.