goal of resolving work-related problems, concerns, and disputes in a prompt, fair, and efficient way that protects the legal rights of both the employee and Darden. For our DRP program to thrive as it is intended, it is essential that our employees continue to have confidence that their issues will be understood and that they will be treated fairly and respectfully during the resolu- tion process. One of the central factors in achieving this outcome is making certain the panel of neutrals from which employees may choose is richly diverse and reflective of their shared values. Tis in turn strengthens the ability to quickly and successfully resolve disputes.
Why has there been a shift to mediation or arbitration? What are the advantages and disadvantages? For Darden, it is about the entire ADR process. We want the dispute to be resolved in a way that preserves employee engagement. So, the most critical steps for Darden are the first three—open door, peer review, and mediation. Tese steps foster commu- nication and are in keeping with our commitment to integrity and fairness. Tey’re also a critical piece to early and successful resolution of disputes that are most likely to lead to continued employee engagement. In general, I think most chief legal officers would say that mediation and arbitration are easier on the budget—less costly than litigation. Tere are also avoided soft costs with ADR. It is less time consum- ing on the in-house lawyers and our business clients, it feels less contentious for the parties involved, and it gives you a definitive resolution that allows people to move forward—one way or the other. Te biggest disadvantage with ADR is the challenge with access- ing a diverse pool of neutrals.
What is Darden doing to shift the demographics of neutrals or arbitrators? In 2007, Darden, in partnership with Capital University, formed
MCCA.COM
the Conflict Resolution Diversity Initiative (CRDI) to create a process focused on the selection of minorities to serve as neutrals in dispute resolu- tion matters. Te first program of its kind in the country, CRDI resulted in expanded opportunities for people of color to serve as neutrals in national corporate dispute resolution programs. Te results of the CRDI pilot pro- gram, which lasted fourteen months, indicated that cases administered through CRDI, compared to those administered through other national services during the same time period, were settled with greater frequency, more quickly, and for less cost. Today, CRDI has evolved into the Neutrals Diversity Alliance (NDA) with the goal of expanding the pilot.
Will it have an effect on the overall market or would it be limited to neutrals involved in Darden’s work? NDA is the next phase of the successful CRDI pilot. CRDI sought to increase minority partici- pation as neutrals in the ADR pro- cess by offering intentionally diverse panels of mediators. NDA will build on the success of the CRDI and expand the program nationally by offering it to other Fortune 500 companies and growing the diverse panels of neutrals. NDA’s mission is to:
• Provide a more diverse pool of quali- fied neutrals to facilitate the resolution of labor and employment disputes involving employees/companies.
• Serve as a national model for increasing diversity in ADR.
• Increase opportunities for minori- ties to serve as neutrals in labor and employment ADR matters.
• Create an alternative third party facilitator which can be used by employers to ensure minority neutrals have a greater likelihood for selection on cases.
• Educate companies about the need to proactively consider diverse neutrals in the administration of
their ADR programs. I believe that NDA will be a game
changer and as NDA moves into the next phase of growth and introduces its program generally to corporate America, Darden will continue with its commitment to sponsor and sup- port this important initiative.
What advice or suggestions do you have for companies that are considering diversifying their arbitrator pool? First, diversity must be a valued part of the culture and supported by the organization as a whole. Having a process (i.e., open door, reviews, mediation, ombusperson, etc.) that allows for opportunities to resolve issues before escalating to third party fact-finders (judges and juries) facili- tates the ability to ensure employees feel heard and that they have been treated fairly and respectfully. Despite whatever process is used to resolve dis- putes, it’s important the participants (i.e., neutrals) reflect the values and cultures of the employees who utilize the program. Companies must be intentional in
seeking diverse neutrals. Tey must actively move out of the comfort zone of using the same avenues for obtain- ing or sourcing neutrals. Tere should be a willingness to try new methods to source minority neutrals by avail- ing themselves of the services of an organization such as NDA. I believe that if Fortune 500 com-
panies sincerely embrace and support NDA-style diversity initiatives, they are likely to not only have the satisfac- tion of knowing they have done the right thing but also to have fostered a faster, more fair, and more cost- effective dispute resolution program for their companies that will truly be more trusted, embraced, and appreci- ated by their employees. D&B
Teresa Sebastian spoke with Diversity & the Bar Editor-in-Chief Joshua Shields for this interview.
JULY/AUGUST 2013 DIVERSITY & THE BAR®
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