By Professor Sarah Rudolph Cole, IAM Scholar-in-Residence
Part 1: Exploring AI’s Current Role in Mediation
As artificial intelligence (AI) continues to reshape professional fields, so too is the mediation field beginning to explore how these emerging technologies can enhance — or challenge — the mediator’s role. This article, in two parts, considers how mediators might responsibly and effectively use AI, while also addressing the concerns that naturally accompany technological innovation.
At the heart of the issue is the following question: How can a professional mediator use AI effectively and responsibly? To answer that question, it is worth examining how AI could be (and, for some, is) used in a commercial mediation practice.
Current Applications of AI in Mediation Preparation
While some mediators may still be evaluating whether AI has a place in their practice, the tools available are already quite powerful — particularly in the preparation phase. Legal-specific AI platforms such as Lexis+ AI and Thomson Reuters CoCounsel can:
- Rapidly conduct legal research and summarize cases, statutes, and secondary authorities.
- Offer structured analysis of legal merits, which can be helpful when mediators need to understand the legal contours of a dispute.
- Apply data analytics to predict how a particular judge might rule, based on their past decisions.
These functions can dramatically increase the efficiency of mediation preparation, particularly in complex or legally dense disputes. However, these tools must be used thoughtfully and ethically. Mediators should assess whether such tools violate confidentiality principles or improperly influence their ability to remain neutral when in the mediation room.
Recognizing the Limitations of AI Today
Despite these benefits, AI has significant current limitations. Chief among them: the lack of emotional intelligence. AI cannot perceive nuance in tone, emotion, or body language — all of which are essential in managing the human dynamics of conflict resolution.
Moreover, AI tools may “hallucinate” (i.e., generate false or misleading information), misrepresent case law, or introduce bias based on flawed training data. And critically, AI systems are not yet able to replicate the relational judgment, presence, or improvisation that human mediators bring to their craft.
In this sense, and at this time, mediators should not view AI not as a replacement for human discernment, but rather as a supplemental tool — one that must be deployed with humility, transparency, and an unwavering commitment to core mediation values.
Part 2: The Future of AI in Mediation and Ethical Considerations
In the first part of this article, I considered current uses of AI in mediation and the foundational questions mediators should consider before incorporating these technologies into their practice. In this second part, I look ahead — to the potential future roles AI may play, especially over the next two decades, and to some of the promising but complex innovations that are already beginning to emerge.
Looking Ahead: AI in Mediation 20 Years from Now
In the future, AI is likely to become more emotionally and contextually aware — able to process not just words, but also facial expressions, tone of voice, and nonverbal cues. In this future, AI could help mediators:
- Gauge emotional states in real time, identifying underlying tension or escalating conflict.
- Offer real-time analysis, highlighting each party’s strengths and weaknesses.
- Generate tailored settlement options, incorporating facts, legal principles, prior jury verdicts, and even personality data.
- Provide predictive analytics that suggest likely outcomes, giving parties clearer “best case” and “worst case” scenarios for their dispute.
While such advances are still speculative, they raise exciting possibilities for enhancing mediator preparation, improving party understanding, and even reducing implicit bias in the dispute resolution process.
The Promise and Challenge of Predictive Analytics
A particularly promising application lies in predictive analytics, which uses trained AI models to forecast the likely trajectory of a case. For mediators, this technology could serve multiple purposes:
- Helping parties realistically evaluate litigation risks.
- Supporting mediators in identifying potential impasses or breakthrough moments.
- Allowing mediators to suggest settlement ranges grounded in precedent and pattern-based analysis.
Yet, these predictive tools must be handled carefully. Relying too heavily on AI-generated outcomes could risk undermining party self-determination or create pressure toward resolution that feels externally driven. AI’s role should (and hopefully, will) remain advisory, not determinative.
Ethical Guardrails and Responsible Use
Ultimately, AI must be used ethically and transparently in mediation. Even as these tools grow more capable, they must not compromise:
- Confidentiality: Mediators must rigorously protect party data and ensure AI tools do not retain or misuse sensitive information.
- Neutrality: Mediators must guard against inadvertently favoring one side through selective use of AI-generated insights.
- Party Autonomy: Technology should empower, not coerce. Mediators should be careful not to allow AI suggestions to override party-driven solutions.
As AI evolves, so too must mediator ethics and standards of practice. This may involve updating codes of conduct, developing AI-specific confidentiality protocols, or creating frameworks for disclosing AI usage to parties.
A Call to Collective Wisdom
Hopefully, this article will spur additional dialogue and shared exploration of this important issue. Perhaps mediators will engage in conversations within and outside this professional community — to learn from one another, pilot new tools, and surface both the successes and missteps that come with AI integration.
AI is certainly not going away. Mediators, and communities like IAM, should ensure it is integrated in ways that honor the fundamental values of the profession. The path forward lies in experimentation, reflection, and ongoing ethical vigilance.