Unconscious Bias in ADR: Ethical Considerations for Neutrals

This program addresses the various unconscious biases that adversely impact decision-making on the part of neutrals in ADR proceedings. In the interactive portion of the program, attendees will engage in a discussion with full-time neutral and trainer, Theo Cheng, to identify the kinds of biases that may arise in various aspects of ADR proceedings, such as between counsel, the neutral selection process, and between counsel and neutrals. By the end of the program, attendees will be able to appreciate the adverse impacts that decision-making biases can have on the fairness and integrity of ADR proceedings and come away with practical techniques for overriding or minimizing those impacts.

About Theodore Cheng, Esq.

Theo Cheng is an independent, full-time mediator and arbitrator, focusing on commercial, intellectual property, entertainment, technology, and employment disputes. Among other rosters, he is a member of Resolute Systems’ Commercial and Employment panels of arbitrators and mediators, the Commercial and Employment arbitration and mediation rosters of the American Arbitration Association and the International Centre for Dispute Resolution, and the Panel of Distinguished Neutrals of the CPR Institute. He was also appointed to the American Intellectual Property Law Association’s List of Arbitrators and Mediators and the Silicon Valley Arbitration & Mediation Center’s List of the World’s Leading Technology Neutrals. In 2019, he was inducted into the National Academy of Distinguished Neutrals, and in 2022, he was inducted as a Fellow into the College of Commercial Arbitrators.

Theo has been appointed to several private and public rosters and has conducted over 800 mediations and arbitrations. The Justice Marie L. Garibaldi American Inn of Court for ADR presented Theo with the 2024 Richard K. Jeydel Award (demonstrated civility, professionalism, ethics, and excellence in and service to ADR), and the New Jersey State Bar Association Dispute Resolution Section presented him with the 2020 James B. Boskey ADR Practitioner of the Year Award, and the National Law Journal named him a 2017 ADR Champion. He was also voted in the Top 3 of the 2022 Best Individual Arbitrators by the readers of the New York Law Journal and the 2021 Best Mediator/Arbitrator by the readers of the New Jersey Law Journal.