AI and Mediation: Opportunity, Risk, and the Question of Confidentiality
- Stuart Lawrence
- 2 days ago
- 2 min read
AI is already here
Artificial intelligence is already finding its way into mediation.
Lawyers are using it to draft position statements, analyse claims, and test arguments. Clients and mediators are using it to sense check positions and explore settlement scenarios. In reality, many parties are already using AI when preparing for mediation, often without this being discussed explicitly.
The question is no longer whether AI will be used, but how.
The opportunity
There is no doubt that AI offers real advantages. It can assist with preparation, help identify key issues, and provide a useful sense check on risk. Used well, it has the potential to make parties better prepared and more informed.
The confidentiality challenge
However, mediation is built on and relies upon something fundamental that AI does not automatically accommodate: confidentiality.
One of the core strengths of mediation is that parties can speak openly, explore options, and test positions in a private and confidential environment. That freedom depends on trust.
If parties are unsure where their information is going, or how it might be used, that trust will quickly erode.
Not all AI is the same
Not all AI tools are the same. Some operate in controlled environments with appropriate safeguards, while others are public or uncontrolled. The level of risk depends on how and where the tool is used.
Many widely available AI systems process data externally, and in some cases may store or retain information or use it to improve their systems. Even where information is anonymised, there is a risk that it could be recognised when combined with other known facts.
The issue is not AI itself. It is the use of AI without proper safeguards.
A sensible approach
A sensible approach is not to avoid AI altogether, but to ensure that any use of AI within the mediation process is controlled, transparent, and appropriate. That means avoiding the use of public or uncontrolled tools for confidential material, being clear about how AI may be used, and ensuring that human judgement remains central at all times.
There is also a broader point. If one party is making extensive or more effective use of AI than the other, this may create an imbalance in preparation or perception. Mediators and advisers will need to be alive to this.
Looking ahead
AI will not replace mediation. It is likely to enhance it. But only if it is used in a way that respects the principles that make mediation effective.
AI should support the mediation process, not compromise those principles.
At Mediator Locator, we are actively considering how AI can be used appropriately within mediation, while ensuring that confidentiality, fairness and trust remain fully protected.
A practical guide
Given the pace of change, we have also prepared a short practical guide on the use of AI in mediation, including key considerations and a simple checklist.
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