Using AI in Mediation: A Guide for Parties

Parties in mediation increasingly use artificial intelligence (AI) tools.&nbsp; Many parties use AI inappropriately because they do not understand its limitations.&nbsp; Although AI systems can appropriately help people organize information, generate ideas, prepare for mediation, and better understand disputes, they can also provide inaccurate information, reinforce unrealistic expectations, and encourage poor decision-making.&nbsp; Courts, mediation programs, and mediators often encounter problems when parties rely on AI inappropriately.<br><br>This guide provides practical advice for parties participating in mediation.&nbsp; It encourages parties to use AI to help them think more clearly rather than to rely on AI to predict outcomes or make decisions.&nbsp; The guide discusses common mistakes people make when using AI, explains confidentiality and privacy risks, and offers practical suggestions for evaluating AI-generated information.<br><br>The guide emphasizes good decision-making, perspective-taking, realistic assessment of disputes, and careful consideration of risks, costs, and possible outcomes.&nbsp; It also describes the mediator's role in helping parties evaluate assumptions, consider alternatives, and make informed decisions.<br><br>The guide uses plain language and principles of universal design to make these ideas accessible to broad audiences, including self-represented parties and people with varying levels of legal knowledge and literacy.<br><br>The guide is a resource that courts, mediation programs, lawyers, mediators, and educators can use to help parties use AI appropriately.&nbsp; The guide may also serve as a teaching resource in legal and dispute resolution education, helping students, trainees, and practitioners learn how to use AI appropriately and how to help clients and parties use AI effectively.&nbsp; A companion illustrated guide, Using AI to Resolve Disputes:&nbsp; A Practical Introduction, provides a shorter, visual introduction to these ideas for parties involved in disputes generally.<br><br>In addition to its practical purpose, the guide illustrates an approach to legal and dispute resolution education that combines good decision-making principles, plain language, and universal design.&nbsp; As self-represented parties increasingly use AI in mediation, courts and dispute resolution programs are likely to need educational resources like this to help parties use AI appropriately.