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Diversity in Alternative Dispute Resolution


Product Code - LGAU02
Speaker(s): Mark Smalls, JAMS; Kimberly Taylor, JAMS; Hon. Robert A. Baines; Wayne Outten, Outten & Golden LLP
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This program addresses gender and ethnic diversity within the alternative dispute resolution (ADR) community. The focus is primarily on commercial and other disputes of high monetary value which are typically handled by national or regional providers.

The speakers cover the current state of diversity within ADR, specifically among the mediators and arbitrators who are retained to settle these disputes and will share why improving diversity in ADR is important, including benefits for inside and outside counsel as well as their clients. They also touch on some of the programs currently being used to address the issue. The program concludes with a discussion of the roles that various stakeholders can play.

Educational Objectives

• Develop an increased understanding of various aspects of ADR, including neutral recruitment and training and neutral selection
• Have a greater understanding of the benefits of considering diversity when selecting ADR professionals
• For inside counsel: learn questions to ask your law firms
• For outside counsel: learn how you can add value for existing or prospective clients

Who would benefit from attending the program?

• Law firm attorneys that utilize ADR
• Inside counsel that are involved in ADR or direct outside law firms
• Current or prospective mediators and arbitrators

Program Level: Basic

Mark Smalls, JAMS; Kimberly Taylor, JAMS; Hon. Robert A. Baines; Wayne Outten, Outten & Golden LLP

Mark Smalls, JAMS
Mark Smalls, Vice President and Chief Marketing Officer of JAMS mediation and arbitration services. He oversees marketing and communications strategy and helps provide leadership to managers tasked with practice development responsibilities. Mr. Smalls attended Columbia University after receiving a Johnson & Johnson Leadership Fellowship and earned his MBA with a concentration in marketing. He earned a B.A. in management from Duke University.

Kimberly Taylor, JAMS
Kimberly Taylor, Esq. is the Chief Operating Officer and oversees JAMS operations in the United States. Working directly with the President and CEO, and leading a team that spans 25 resolution centers across North America, Ms. Taylor is responsible for the company’s day-to-day operating activities. She is a frequent lecturer and speaker and has developed ADR programs for business and government agencies. Ms. Taylor earned a J.D. from Ventura College of Law, where she later served as an adjunct professor. She is a member of the California State Bar.

Hon. Robert A. Baines
Hon. Robert A. Baines (Ret.) has been a full-time neutral with JAMS since 2005 and brings to his ADR practice more than 40 years of litigation experience, including 22 years on the trial bench in Santa Clara County. Judge Baines has successfully settled a wide variety of matters at JAMS, including business partnership dissolutions, software licensing disputes, real property disputes, personal injury matters (from automobile accidents to premises liability), contested conservatorship, fee disputes, and professional liability matters, among others. Judge Baines earned a B.A. from University of California, Riverside and a J.D. from Boalt Hall. He is a member of the California State Bar.

Wayne Outten, Outten & Golden LLP
Wayne Outten is the founding and managing partner of Outten & Golden LLP. His practice focuses exclusively on representing individuals in all areas of employment law. Mr. Outten has lectured extensively on employment law, especially on negotiation, mediation, and arbitration of employment disputes, on employment and severance agreements, and on retaliation and whistleblower claims. Mr. Outten earned a B.S. from Drexel University and a J.D. from New York University School of Law. He is a member of the New York Bar and is admitted to practice before the U.S. Supreme Court, the Southern and Eastern Districts of New York and the Second Circuit Court of Appeals.