The rapid advance of artificial intelligence (AI) has led individuals and businesses across nearly every industry to find ways that that they can benefit from this technology. Like professionals in other fields, alternative dispute resolution firms are examining ways that AI can assist in administration, transcription and case management. However, parties seeking a mediator or arbitrator must understand that human experience and ingenuity cannot be matched by even the most sophisticated AI system. 

State bars and ADR experts have noted some of the risks associated with overreliance on large language models and other AI tools, such as:

• Incorrect content — There have been numerous stories about embarrassing situations where a fictitious case citation made it into the brief of a lawyer who didn’t check the output of their preferred chatbot. These “hallucinations” have led the California State Bar to mandate that attorneys review materials, including citations and analysis, produced by generative AI before including them in a court submission. Relying purely on AI to resolve a dispute, or retaining an inexperienced neutral who merely repeats what a chatbot says, could mean that your matter is proceeding based on incorrect legal principles. 

• Potential bias — One of the core tenets of alternative dispute resolution is that the mediator or arbitrator must be unbiased. What someone receives when they enter a query into an AI platform is based its algorithm and the information used to generate a response. Bias from the program’s creator or a flawed sample of reviewed materials could lead to an unfair outcome. 

• Lack of privacy — Uploading confidential estate or client documents to third-party AI services can jeopardize privilege and client confidentiality. 

• Loss of human creativity and judgment — People turn to ADR professionals because they have disagreements that are difficult to resolve. Mediating a settlement or making an appropriate decision as an arbitrator often requires the ability to appreciate case-specific nuance, weigh strategic considerations or understand the emotional and relational dynamics among the parties. AI tends to produce generic solutions, which may omit critical case-specific terms or fail to account for jurisdictional subtleties.

Quinn & Kronlund LLP in Stockton conducts mediations and arbitrations for a wide range of California legal disputes. We have the experience and insight to handle the most complex matters with skill and professionalism. Please contact us online or call 209-943-3950 to learn more about our services.