Millions of Americans are subject to forced arbitration agreements. This means that they are barred from suing in court and are required to pursue their claims through arbitration proceedings. As much as proponents of arbitration argue that this process is a more efficient way to resolve disputes, there are a number of issues associated with it. However, aside from the commonly discussed fairness aspect, a bigger problem lies within arbitration: diversity. According to a new report from the American Association for Justice (“AAJ”), arbitrators at three of the largest arbitration service providers in the country—JAMS, the American Arbitration Association, and the Financial Industry Regulatory Authority—are mostly male and overwhelmingly white. In addition, “female arbitrators make up less than a third of the overall arbitrators employed by the three organizations, while less than 1 in 5 arbitrators identify as Asian, Black, Hispanic[, or] races other than white.”
This post was originally published on the Cardozo Journal of Conflict Resolution website on January 23, 2022. The original post can be accessed via the Archived Link button above.
Krishna, Tanuja, "The Diversity Issue in Arbitration" (2022). CJCR Blog. 21.