Edwards Mediation Academy Offers Insights Into Artificial Intelligence in Mediation and What the Future Holds for Mediators

Artificial intelligence (AI) for helping mediate disputes is poised to play a pivotal role in conflict resolution, providing mediators with tools that streamline the mediation process and help manage communications and negotiations. Bruce Edwards, a lawyer and mediation expert, shares his insights into how the use of AI in mediation looks both promising and transformative, as well as the opportunities and challenges it presents for mediators. Along with his wife, Susan Franson Edwards, he co-founded Edwards Mediation Academy, an online education platform with mediation courses dedicated to improving the skills of mediators and lawyers worldwide.

Artificial intelligence augments and enhances mediators’ capabilities through advanced data processing, predictive analytics, natural language processing, and support tools. In a recent article, Edwards describes how AI-based technology assists in many aspects of mediation.

Preparation

In the convening phase, AI can help mediators identify objectives and priorities, preview potential obstacles, and provide insight into a possible fair resolution. AI is also used to help summarize briefs and analyze the strength of legal positions.

Communication

Biometric AI technology can assist mediators in understanding and interpreting human emotions.

Negotiation

AI-based negotiation tools can assist the parties and the mediator in pursuing favorable negotiated outcomes.

Drafting Settlement Agreements

AI can assist in the real-time preparation of settlement agreements.

Ethical Concerns

As with any new and fast-developing technology, concerns remain regarding the application of AI for mediation.  

“Properly managing this so-called “4th party” in the room will require consideration and potential erection of guardrails to prevent various misguided outcomes,” said Edwards. 

Bias

Because AI relies on algorithms based on collected data, there is a potential for biased predictive outcomes if the collected data reflects past prejudices and inequalities or is not representative of the broader population.  

Liability

The legal framework governing the use of AI mediation is still in its early stages, and there are legitimate concerns about liability, especially in cases where AI-mediated decisions are flawed. 

Confidentiality

How do we ensure the privacy and confidentiality of increasingly large amounts of collected, stored, and accessed data?

Will AI Replace Human Mediators?

“AI will not replace the ability of an experienced mediator to navigate complex social dynamics, handle the emotional and ethical complexities of mediation, or make nuanced moment-to-moment decisions that clients expect from us,” said Edwards.

Nor will AI replace the need for formal training for human mediators. While AI technology can help develop mediation skills, it cannot replace mediation training from experienced professionals and a structured learning environment.  

Edwards predicts the future will see a hybrid approach where AI and human mediators work together to deliver better outcomes for all parties involved. 

To read the complete article, click here.

Edwards is one of the pioneers in developing mediation to resolve commercial disputes in the U.S. He was a co-founder and former chairman of the board of directors of JAMS, and currently mediates for Signature Resolution.