Artificial intelligence is transforming the legal industry – from document review and drafting contracts to predictive analytics – and mediation is no exception.
While mediation is in large part human judgment, empathy, creativity and problem-solving, AI is helping lawyers and clients prepare for negotiations and enhancing the work of mediators.
Understanding how lawyers can use AI in the negotiation process can strengthen their advocacy in mediation and help them obtain settlements that might otherwise be unobtainable.
Preparing for mediation is a critical first step to success in mediation. Traditionally, this meant reading the pleadings, preparing a position statement and assembling evidence. AI now gives lawyers convenient tools to prepare for an upcoming negotiation.
One example is using case valuation analytics.
AI platforms are analyzing thousands of verdicts and settlements in similar cases, providing benchmarks to lawyers and client decision-makers.
This data helps attorneys set realistic expectations for their clients and keeps parties from being overly confident (and even biased) about their chances of success at trial.
AI can simulate potential outcomes at trial based on variables.
For instance, you could look at venue, the judge assigned to the case and the types of claims to get probabilities on the likely outcome.
This can help shape lawyers’ assessment of their risks and be useful in guiding their clients on their alternative to a negotiated resolution.
Lastly, since many litigation matters are document intensive, AI can quickly summarize key documents, depositions and lengthy contracts, which help lawyers come into mediation knowing what really matters and being able to swiftly find the information they need to counter a particular argument or to substantiate a claim or defense.
When attorneys bring this level of preparation to mediation, the conversation shifts from speculation to strategy, making resolution more attainable.
Mediators are using AI in their practices to make their process more efficient and effective for their clients.
Tools can synthesize information quickly. When lawyers send lengthy briefs or key documents, AI can identity the relevant issues, allowing the mediator to dive deeper into the heart of the dispute.
With the help of AI, a mediator can create clear visuals, timelines or decision-trees that help the parties understand the other side’s position or their risks in continuing with litigation.
Lawyers and mediators might also use AI to help with drafting settlement terms.
AI-assisted drafting can be particularly useful after a long day of negotiating, making sure your agreement covers the specific needs of the parties. It can make the process of documenting the deal points far more efficient, eliminate errors or make points clearer.
Importantly, AI can be a valuable tool to neutralize the emotional and psychological barriers to settlement that we frequently see in mediation. For instance, one party may be clinging to an unrealistically high or low number.
Using AI-driven verdict analytics can provide data points that anchor the conversation.
Alternatively, when a party has an unrealistic assessment of their chances of success at trial, AI-driven forecasting can help the mediator do some reality testing to assess those assumptions.
Or in the instance where the parties are so adversarial that they could not accept the opposing party’s offer because of distrust, a mediator’s use of AI-generated insights might help deliver a message that is more objective and less adversarial.
When overconfidence or mistrust find their way into a mediation, AI can help diffuse bias and focus the parties on practical solutions to their disputes.
For lawyers, working with mediators who embrace AI has its benefits. Clients are more likely to listen to settlement values when they are backed by data rather than just opinion.
When lawyers and mediators can streamline issue-spotting and reduce time, it results in cost savings for the client.
And with more tools to overcome emotional barriers that can plague settlement, mediators can help break deadlocks in cases that otherwise may have impassed.
Ultimately, those who are leveraging AI can position themselves as forward-thinking advocates who deliver better outcomes for their clients.
While AI will never replace the human skills that make mediation successful like listening, empathy and trust-building, it does strengthen the skills of attorneys and mediators by arming them with better information and practical tools for breaking barriers to settlement.
For attorneys and mediators using AI, it’s not just about keeping up with technology, but ensuring that clients get the best chance at resolution in a dispute resolution landscape that is rapidly evolving.
AI can enhance the mediator’s role in bridging the divide between litigants, giving attorneys and clients a better path to resolution.
Jennifer Grippa is a mediator and arbitrator with Miles Mediation & Arbitration and an arbitrator with the American Arbitration Association.