Artificial Intelligence & Mediation
For future-focused mediators, it is no secret that leveraging technology for optimal results can be incredibly advantageous. Artificial Intelligence (AI) has revolutionized the mediation process and offers powerful tools to help reach settlements with greater efficiency and efficacy. Just think of AI as having the potential to enhance a mediator's toolkit.
From providing insights into negotiations from both sides' perspectives—to producing invaluable information regarding dispute resolution decisions—the benefits of AI are seemingly endless.
In this post on Legal Cut, we uncover the current state of AI in mediation: what resources are available at our disposal; potential drawbacks associated with such an innovative venture; as well as examples of its successful application today.
AI Mediation Tools for Mediators and Parties
Mediators now have access to artificial intelligence (AI) tools that allow them to analyze data from past negotiations quickly and accurately. These tools can be used to identify patterns or trends in negotiations that can inform future decisions, giving mediators valuable insights into what might work best in each situation. Some of these AI-driven tools include automated negotiation systems which can assist parties in reaching agreements more quickly by analyzing their interests and needs more quickly. Automated dispute resolution systems are also available which use predictive analytics to help resolve disputes faster than traditional methods.
In addition to these specialized mediation tools, there are also AI-powered platforms available for parties involved in mediation to use as well. For example, some platforms provide users with detailed reports on their stance on particular issues or even suggest potential solutions based on their interests and needs. This type of technology provides users with valuable information about their position before entering into negotiations which can be helpful when trying to reach a successful settlement outcome.
In recent years, the integration of artificial intelligence (AI) into mediation has been gaining traction, as it can provide mediators with valuable insights and tools to assist them in resolving disputes more effectively. From contract review and analysis to more comprehensive insights, AI provides mediators with valuable tools to help with the resolution of disputes.
For example:
LawGeex, LegalSifter, Kira Systems, Klarity, SpellBook by Rally, ClearLaw, and LexCheck: These companies provide AI-driven contract review platforms and services that can analyze legal terms such as NDAs, contracts, and documents quickly. (See our Legal Cut article on AI for lawyers that discusses these in more detail).
Luminance, Legal Robot, and Diligen are also in this category, as AI-powered platforms for due diligence (Luminance) and contract review (both), using machine learning algorithms/natural language processing to extract relevant information and identify potential risks or issues. LegalSifter also provides AI-backed solutions for clients that help extract relevant data from contracts for due diligence, organization, data upload into a CLM, and regulatory searches, among other needs.
As AI-powered mediation enters the modern age, we are sure to witness an ebb and flow of companies attempting to take advantage. However, progress cannot be denied: new solutions will inevitably emerge as predecessors come and go—a reminder that technology marches ever onward.
Pros and Cons of Using AI for Mediation
As with any technology, there are pros and cons associated with using artificial intelligence for dispute resolution purposes.
On one hand, by leveraging AI algorithms to analyze large amounts of data quickly and accurately, parties involved can resolve disputes more efficiently while simultaneously cutting down on potential biases that may arise during human negotiations. Automated dispute resolution systems also allow both sides to gain deeper insights into their positions - helping them reach a mutually beneficial agreement faster than if they were working without such assistance. Ultimately, these outcomes lead to shorter litigation times while providing all stakeholders with better clarity throughout the entire process.
They can also provide increased efficiency, such as automation of tasks like contract review and dispute analysis, which may free up time for mediators to focus on other important tasks. Then there is enhanced transparency, such as impartial analysis of disputes, removing potential biases and subjectivity from the mediation process. This can help to increase the transparency and fairness of the mediation process for all parties involved.
While utilizing AI in mediation has its advantages, it can also be accompanied by potential obstacles. For example, the technology's advanced complexities may leave parties unable to interpret the results provided unless they receive an extensive explanation from a knowledgeable mediator. Furthermore—although machines may analyze data sufficiently enough to suggest possible solutions—it is still dependent on humans applying their savvy negotiation skills and discerning wisdom to craft beneficial outcomes that suit all party interests; something artificial intelligence hasn't quite honed yet.
Artificial Intelligence can certainly provide important insight into the resolution of various disputes, but recognizing the nuances and complexities of a situation ultimately requires human judgment and creativity. But like with most technology, mediators must still employ their expert knowledge to successfully navigate each unique dispute they encounter.
While AI-powered platforms can provide valuable insights and tools to assist mediators, they also have their limitations. Mediators need to weigh the pros and cons and consider the unique needs of their cases before adopting AI-powered platforms as part of the mediation process, especially when it comes to ethical considerations.
Mediators must ensure that the use of AI technology is in the best interests of the parties and does not compromise the impartiality or fairness of the mediation process.
Of course, one of the key ethical considerations for mediators using AI-assisted technology is obtaining permission from the parties. Depending on the jurisdiction of the mediation, mediators may have specific disclosure responsibilities regarding the use of technology. At a minimum, Mediators should inform the parties of their intention to use the technology and provide them with the option to opt-in or opt-out. This allows the parties to make an informed decision about the use of AI technology in their mediation process and ensures that their privacy rights are respected.
When presenting the option of using AI-assisted technology to parties, mediators can emphasize the benefits, such as improved decision-making, increased efficiency, and enhanced transparency. At the same time, mediators should also be transparent about any potential limitations of the technology and how they plan to address these limitations.
See the example, below.
To ensure that the use of AI-assisted technology is fully disclosed to the parties, mediators can provide the parties with a written explanation of the technology and its purpose. Mediators can also provide the parties with information on the data privacy policies of the AI platform they plan to use and how the parties’ data will be protected.
Conclusion
All things considered, incorporating artificial intelligence into the mediation process can offer numerous benefits including providing both mediator and parties involved with valuable insights into their positions as well as reducing time spent resolving disputes due to automated dispute resolution systems.
While there are some drawbacks associated with using AI-driven technologies such as difficulty interpreting results or lack of ability (currently) for machines to create tailored solutions that meet all parties' needs—when used correctly, these innovative new technologies can improve efficiency during negotiations or dispute resolution processes going forward.
Contact Moxie Mediation today to schedule a mediation with Attorney Lindsey Wagner.