“Diversity on the Bench, What About Diversity in Mediation?”
By: Stanley Zamor
Introduction: A Different Approach
After a long complex business mediation, I was approached by the Defendant’s attorney, who stated that he was impressed with how I facilitated the mediation. He stated that at his level of litigation, he rarely sees mediation as effective as what he experienced today. He further admitted that he was not going to agree, that I mediated this case, but the judge ordered it, so he didn’t object. His clients were glad I was the mediator because I do not look like the usual mediators they see (i.e. Caucasian retired judges or attorneys). He stated that he noticed how his clients were more involved/engaged, and he was surprised at their willingness to be amicable. I thanked him and said that I did nothing different than any other skilled mediator would have done. Our discussion rapidly delved academically deeper regarding the lack of diversity in private mediations; and how that may contribute to the lack of effectiveness he sees in mediation. To be clear, diversity extends beyond ethnicity and includes professional/educational backgrounds. Mediators do not have to be members of the Florida bar, although most mediators are attorneys. He stated that his clients responded to me differently because I, like them, am not an older Caucasian male attorney and I brought something very different to the mediation process. So I now ask, does having mediators from a diverse background make for a better mediation process?
Is Diversity in Mediation More Important than on the Bench?
There has been research conducted suggesting that there is not enough diversity on the bench, and members of the judiciary should resemble the communities they serve. Diversity on the bench is necessary to ensure impartially, public trust and confidence in the legal system. Diversity in mediation mirrors the same necessity, given the nature of the process mediators facilitate.
Diversity is important to understand because, less than 5% of the cases filed in court go to trial. That means, 95% are being resolved outside of court, and usually by mediators who do not resemble the communities around them and selected/hired through attorney cronyism.
Please consider this: As of January 2017 there are 5737 certified mediators in the State of Florida, 3282 are certified Circuit Civil mediators. The noted demographic breakdown is as follows:
Hispanic = 7.5%;
African-American = 3.9%;
American Indian = 0.1%
Asian = 0.7%
Other = 0.3%
Unknown = 0.2%
Caucasian 73%
Conclusion and Consideration
In 2007 the Florida Supreme Court responded to the need for diversity in mediation by amending the Rules for Certified and Court Appointed Mediators to no longer restrict mediators to only be members of the Florida Bar. This was a significant change which allowed for individuals from a diverse professional/educational background to become certified mediators. It is undeniable that diversity in a service area creates better options; however, it remains the consumers’ responsibility to choose diversity.
Stanley Zamor is a Florida Supreme Court Certified Circuit/Family/County Mediator & Trainer and Qualified Arbitrator. Mr. Zamor serves on several federal and state mediation/arbitration rosters and facilitates workshops often. He regularly lectures on a variety of topics from ethics, cross-cultural issues, diversity, bullying, and Family/Business relationships.
szamor@effectivemediationconsultants.com
www.LinkedIn.com/in/stanleyzamoradr
(954) 261-8600