Practical Applications of AI in Mediation: CPR Committee Meeting Highlights

On June 18, the CPR Institute Mediation Committee held a Zoom meeting featuring a presentation by Susan Guthrie, a speaker, mediator, and legal technology innovator. "Practical Applications of AI" explored the practicalities and potentials of AI in mediation.

Guthrie, a pioneer in Online Dispute Resolution, or ODR, and chair-elect of the American Bar Association's Section of Dispute Resolution, highlighted the potentially transformative power of artificial intelligence in mediation. The key questions addressed were:

• How do we use AI effectively in mediation?
• Are mediators going to be left behind if they don't adapt?
• How can we harness AI to our advantage?

Guthrie emphasized that while AI is often surrounded by hype and speculation, its practical applications can provide true value. She demonstrated simple but powerful ways mediators, litigators, and parties can leverage AI to enhance mediation practices. She urged professionals to embrace AI as a tool rather than fear it.

The legal profession, she explained, is traditionally low-tech, relying heavily on interpersonal skills, communication, and emotional intelligence. Guthrie acknowledged that technology comes with risks, which legal professionals are typically averse to. 

But she pointed out that the societal shift toward digital technology necessitates a corresponding evolution in dispute resolution practices. Many of these changes are underway already, as evinced by the sweeping adoption of ODR, videoconferencing, e-signatures, digital document management, and more during the pandemic. She emphasized practical training to facilitate the shift to online meetings and to equip professionals with the necessary skills to navigate these technologies. Accompanying practices and processes underwent concurrent transformation; updated agreements, forms, and protocols were developed to accommodate the digital shift.

Guthrie introduced the ASPEN Protocol to the CPR Committee members. (See link below.) It is a comprehensive toolkit for navigating the legal technology landscape. The protocol breaks down into five actionable steps:

1. Awareness & Education involves staying informed about the latest legal tech developments by reading blogs, attending webinars, joining professional groups, and experimenting with new tools.

2. Strategies & Protocols focuses on developing clear technology use policies, documenting workflows, assigning roles and responsibilities, and establishing communication channels.

3. Preparation & Practice emphasizes investing in training, conducting simulations, piloting innovative paths, and seeking expert guidance.

4. Education Again involves monitoring emerging trends, participating in continuing education, engaging in ethical discussions, and contributing to the broader conversation.

5. Notice & Transparency builds trust with clients by obtaining informed consent, addressing privacy concerns, and clearly communicating technology's limits.

Guthrie highlighted several AI tools that can be immediately beneficial for mediators:

• CalendarHero: Automates scheduling meetings by communicating with participants.
• Descrybe.AI: Assists with legal research using conversational language.
• Sonix: Provides meeting summaries and transcripts with military-grade encryption.

She also discussed more advanced tools such as Disco for e-discovery and Casemark.ai for summarizing case documents.

Guthrie noted the significance of Large Language Models—LLMs—like ChatGPT, Gemini, and Claude.ai. Issuing prompts, she demonstrated how these models could be used to implement the ASPEN Protocol effectively.

Guthrie's examples included requests like, “ChatGPT, help me to create strategies and protocols for managing the challenges that AI presents for mediators,” and “Gemini, create a list of prompts to help me to prepare and practice different ways that I might integrate AI into my mediation practice.”

Both of the sample AI requests yielded actionable, step-by-step results. This exercise emphasized the importance of tailoring AI use to individual needs, while maintaining a discerning approach.

Throughout her presentation, Guthrie outlined practical AI applications for dispute resolution. In marketing and business, AI assists with strategies, website development, scholarly writing, social media campaigns, networking outreach, content creation, and search engine optimization.

Administratively, AI can aid in workflow development, creating templates and forms, collecting feedback and analysis, reviewing, and tracking documents, and onboarding clients. For professional development, AI offers problem-solving strategies, training and skill-building, and roleplay and feedback mechanisms.

In dealing with clients, AI facilitates education and communication, provides emotional support, helps with financial review and tracking, and assists with planning and strategy. Guthrie said that "in the room" AI can be used for notetaking and summaries, creating memorandums and term sheets, and generating and reviewing options.

Guthrie discussed maintaining constant human oversight, which is crucial for the ethical integration of AI in mediation. Continuous training, education, and adherence to standards like the ASPEN Protocol ensure that mediators can competently and confidently incorporate AI into their practices.

The CPR Institute Mediation Committee meeting underscored that AI is not a future concept but a present reality that mediators must master. Susan Guthrie illustrated how mediators can enhance their practices, stay current with technological trends, and better serve their clients. 

Guthrie's website can be found at https://susaneguthrie.com/home; materials accompanying her CPR Mediation Committee program, including the ASPEN Protocol, can be found at https://susaneguthrie.com/cpr2024.  

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The author, a student at the Brooklyn Law School, is a 2024 CPR Summer Intern.

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