The Mediation Committee of the International Bar Association (IBA) has released draft guidelines outlining the use of generative artificial intelligence (AI) in mediation. As AI continues to transform various sectors, these guidelines aim to integrate AI into mediation practices while ensuring that core values like neutrality, confidentiality, and party autonomy remain intact.

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Expanding AI’s Role in Mediation

The guidelines highlight various ways AI can enhance the mediation process. AI tools can assist mediators and parties in administrative tasks, such as scheduling meetings, summarizing complex documents, and drafting correspondence. They also offer support in analyzing large volumes of information, identifying patterns, and conducting research. Additionally, AI can improve communication by adapting its outputs to match the communication styles of participants, thus helping build trust and understanding during mediation.

AI's potential goes beyond administrative functions. The guidelines suggest that AI can be used to generate creative solutions during dispute resolution, assist in drafting settlement agreements, and provide real-time insights during mediation sessions. These applications promise to make mediation more efficient, cost-effective, and accessible, opening up new avenues for parties to resolve disputes amicably.

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Safeguards for Using AI in Mediation

Recognizing the importance of maintaining the integrity of the mediation process, the guidelines include several safeguards for the use of AI tools. These aim to prevent potential risks such as bias, data breaches, and misuse of AI-generated content. Key safeguards include:

·      Consent and Self-Determination Mediators and parties should ensure that the use of AI tools is consensual and does not undermine the voluntary nature of mediation. AI outputs should be treated as recommendations, not authoritative decisions, with human participants retaining control over the final outcomes.

·       Confidentiality: Given the sensitive nature of mediation, protecting the confidentiality of information processed by AI is crucial. The guidelines advise using anonymized data where possible and restricting the information shared with AI tools to minimize the risk of unauthorized disclosure.

·       Neutrality and Impartiality: The guidelines stress the importance of ensuring that AI use does not compromise the neutrality of mediators. To mitigate this, users are encouraged to frame prompts to AI in a neutral manner and verify outputs for potential biases.

·       Balanced Process: Mediators are encouraged to inform participants about the use of AI and to ensure that all parties have an equal opportunity to raise concerns if they believe the AI might be influencing the fairness of the process.

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Promoting Transparency with a Sample AI Usage Statement

To facilitate transparency, the guidelines include a sample statement that mediation participants can use to disclose their use of AI tools. The statement outlines which AI tools are being used, their purposes, and the steps taken to comply with data protection laws. This is intended to foster trust among participants and provide clarity about the role of AI in the mediation process.

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An Adaptive Framework for Technological Advancements

The guidelines are intended to be a “living document,” open to updates as AI technology progresses and its role in mediation expands. The IBA's Mediation Committee aims to establish a flexible framework that can adapt to emerging challenges while maintaining the fundamental values of mediation.

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Anticipating the Future

The release of these draft guidelines comes at a pivotal moment when the legal sector is increasingly adopting AI to improve efficiency and enhance access to justice. By integrating AI into mediation with appropriate safeguards, the IBA seeks to create a pathway for mediators and parties to leverage technological advancements while preserving the essential values that make mediation are liable method for resolving disputes.

The guidelines project a future where mediation is not only more streamlined but also more accessible, allowing for faster and more amicable resolutions. In this framework, AI serves as a valuable support tool rather than a decision-maker. This initiative aims to establish a global standard for the responsible and effective application of AI in mediation, reinforcing the IBA's commitment to innovation and excellence in the legal profession.

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To read the full draft guidelines visit:

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MC DRAFT AI in Mediation Guidelines.pdf (wsimg.com)

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