AI in Mediation: A Practical Guide
- Stuart Lawrence
- Jun 15
- 4 min read
Updated: Jun 16
Protecting confidentiality and fairness in a changing landscape
Introduction
Artificial intelligence is increasingly being used in mediation.
Lawyers, businesses and individuals are now using AI tools to draft documents, analyse disputes, and test arguments and risk. In practice, many parties are already using AI when preparing for mediation, often without this being discussed explicitly.
AI can be helpful. But mediation depends on trust, confidentiality, without prejudice protection and open communication. These must remain protected.
This guide sets out how AI can be used sensibly and safely in the context of mediation.
Why AI is Relevant to Mediation
AI is already being used to:
Draft position statements and summaries
Review, organise and summarise documents
Identify key issues and risks
Test arguments and potential outcomes
Support preparation for negotiation
Assist mediators in preparation
Used well, this can lead to better preparation and more effective mediations.
The Benefits of Using AI
AI can:
Save time and reduce preparation costs
Help clarify complex issues
Provide a useful sense check on positions
Support more informed decision making
Help generate a range of possible outcomes
For many users, it is becoming a normal part of dispute preparation.
The Risks to Be Aware Of
Alongside the benefits, there are some important risks:
Confidentiality
Information entered into AI tools may be processed outside your control
Data security
It may not always be clear where data is stored or how it is used
Accuracy
AI can produce incorrect or incomplete outputs
Over-reliance
There is a risk of relying too heavily on AI rather than judgement
Fairness
One party may be using AI more effectively than the other
These risks do not mean AI should be avoided, but they do mean it should be used carefully.
Confidentiality and AI
Mediation depends on confidentiality. This is one of its greatest strengths.
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 will depend on how and where the tool is used.
Some AI systems may:
process data externally
store or retain information
use inputs to improve their systems
Even where information is anonymised, there is a risk that details could be recognised when combined with other known facts. This creates a potential tension with the confidentiality of mediation.
A simple rule to follow:
If you do not know where your data is going, you should assume it is not confidential.
A Sensible Approach to Using AI
AI can be used safely in mediation if a few basic principles are followed:
Do not input confidential or identifying information into public AI tools
Use secure or professionally managed systems where possible
Treat AI as a support tool, not a decision-maker
Check and verify any output before relying on it
Be mindful of fairness between the parties
Respect the confidentiality of the process
A balanced approach is key. AI should assist the process, not undermine it.
Practical Tips for Users
For lawyers
Check your firm’s AI policies and your PI policy before use
Avoid uploading client documents to public systems
Verify all AI-generated content
Be transparent with clients
For businesses and individuals
Do not upload sensitive documents into tools you do not fully understand
Use AI for general guidance, not definitive answers
Be cautious about relying on AI for legal or financial decisions
For all parties
If unsure, ask the mediator or your adviser
Raise any concerns about AI use early in the process
Using AI Before and During Mediation
AI is most useful before mediation, during preparation.
During the mediation itself:
It should not interfere with discussions
It should not replace real-time decision making
It should not undermine trust between the parties
The mediator may raise questions about the use of AI where it is relevant to confidentiality or fairness.
Mediation remains a human process, focused on communication, judgement and resolution.
Agreeing an Approach to AI
In most cases, it may be helpful to raise the use of AI at an early stage and, where appropriate, agree a simple approach.
This allows:
any concerns to be addressed
expectations to be aligned
the process to proceed with clarity and confidence
This might include:
Not entering confidential or identifying information into public AI tools
Using only secure or professionally managed systems where appropriate
Remaining responsible for the accuracy of any AI-assisted material
Raising any concerns with the mediator where relevant
This does not need to be formal, but can help ensure clarity, fairness and confidence in the process.
Mediation allows:
Flexible, commercial solutions
Faster resolution
Reduced cost
Preservation of relationships
Quick Checklist
Before using AI in connection with a dispute, ask yourself:
Am I sharing confidential or sensitive information?
Do I know where this data is going?
Is this a secure or trusted system?
Am I relying on AI output without checking it?
Could this create an imbalance between the parties?
Would I be comfortable explaining this use of AI to the other side?
Has the use of AI been considered at the outset of the mediation?
If in doubt, do not input sensitive information.
Conclusion
AI is becoming part of modern mediation.
Used properly, it can improve preparation and support better outcomes. Used carelessly, it risks undermining confidentiality and trust.
Mediation works because it is a confidential, flexible and human process. AI should support the mediation process, not compromise the principles that make it effective.
Mediator Locator supports the appropriate and responsible use of AI, while ensuring that the integrity of the mediation process remains fully protected.
If you are considering mediation and would like guidance on the process or selecting the right mediator, please contact us.
Mediator Locator provides access to experienced mediators across the UK.
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