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Arbitrator diversity matters for justice perceptions and realities

© Getty Images In a June 2021 research report, the American Association of Justice (AAJ) found that women and minorities filing legal claims are more likely to be forced into arbitration with a white male arbitrator who will decide their case.  This AAJ report notes that for the two largest providers of arbitrators in employment and consumer disputes, the arbitrators are 88 percent white and 77 percent male. The Supreme Court has repeatedly enforced agreements to arbitrate major legal disputes even when individual employees and consumers held little, if any, bargaining power to understand and challenge these efforts to circumvent court resolution by requiring a private arbitration decision. 

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