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Accelerating Change from our Blind Spots in International Dispute Resolution
Litigation Section; International Law Section
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Where are our blind spots when it comes to culture and diversity in international dispute resolution? Arbitration and mediation are processes premised on their constituencies agreeing to resolve future or existing disputes with the assistance of an independent neutral or group of neutrals. In arbitration, we rely on the arbitrator to fairly decide the merits; in mediation, we rely on the mediator to facilitate a sound settlement. A key component in these arrangements is an inherent trust in not only the decision-making systems and rules but also the independent character of all the individuals involved in the dispute resolution process. We continue to reassure and justify to ourselves that our experiences in arbitration and mediation are sufficiently inclusive, diverse, reasonable, substantive, and even fair. But we need to acknowledge that there is still a gap between where we think we are and where we need to be with these issues. This panel will discuss and challenge our presumptions and provide valuable insight into what we can do individually and collectively to consciously overcome these dispute resolution blind spots.
| 1.5 Participatory MCLE Credits |
1.5 Recognition and Elimination of Bias
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