Should You Use AI to Prepare for Mediation?

Nick Parker

A Guide for Businesses, Individuals and Parties in Dispute

Artificial intelligence is rapidly becoming part of everyday life. Increasingly, parties arrive at mediation having used AI tools to analyse their dispute, draft correspondence, assess strengths and weaknesses, or even predict the likely outcome of litigation.

Used wisely, AI can be a helpful assistant. Used unwisely, it can run the risk of creating misplaced confidence in a case and potentially excessive amounts of material. 

AI Is Not a Lawyer

One of the most common misconceptions is that AI operates like a search engine. It does not.

AI generates responses based on patterns in the information on which it has been trained. As a result, it can produce answers that sound convincing, professional and authoritative - while being wrong.

In the legal world this can be particularly dangerous. Courts have already encountered cases where lawyers have relied upon fictitious authorities generated by AI systems.

For that reason, AI should be treated as a starting point for thought rather than a source of truth.

How AI Can Help Before Mediation

When used properly, AI can assist parties in:

• Organising large quantities of information.

• Summarising correspondence and documents.

• Identifying key issues in dispute.

• Exploring possible settlement options.

• Preparing questions to discuss with advisers.

• Considering the likely arguments of the other side.

One of the most useful exercises is asking AI to generate the strongest case against your own position.

Many disputing parties can become entrenched in their views. AI can sometimes help expose blind spots and encourage more realistic thinking.

The Danger of Becoming Too Attached to AI's View

A growing concern in mediation is that parties may become more committed to a particular interpretation of their case because AI has reinforced it.

If a party repeatedly asks an AI system why they are right, the system may produce persuasive explanations supporting that viewpoint.

The result can be increased, but misplaced, confidence rather than balanced judgment.

Mediation often succeeds because parties are willing to test assumptions, reassess risks and consider perspectives they may previously have overlooked. AI should support that process, not replace it.

Confidentiality Matters

Before uploading documents to any AI platform, parties should carefully consider confidentiality.

Questions worth asking include:

• Where is the information being stored?

• Who has access to it?

• Is the material retained?

• Is it being used to train the system?

• Does it include commercially sensitive information?

These considerations are particularly important where disputes involve confidential business information, intellectual property, personal data, or privileged legal advice. Particular caution should be placed on free to use and open AI systems. 

AI Cannot Replace Human Judgment

Disputes are rarely resolved solely by logic.

Commercial or personal relationships, reputational concerns, emotions, future business opportunities and personal objectives often play a significant role in settlement discussions.

AI may help organise information and generate ideas. It cannot understand human motivations in the way experienced lawyers, advisers and mediators can.

The most effective use of AI is as a tool that supports better preparation, while recognising that the ultimate decisions remain human ones. The role of the (human) mediator is to help parties reach an arrangement that would make more sense to them than continued dispute. That task remains one that requires the careful application of human skills to enable parties to communicate constructively.