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The Mediate.com Story: AI and Mediation: Questioning and Prompting

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AI and Mediation: Questioning and Prompting

The quality of AI outputs depends on users’ skill in inputting good prompts.

That’s the premise of John Lande’s article:  The Art of AI Prompting in Law and Dispute Resolution Practice.  It provides practical guidance about how to use AI tools responsibly, ethically, and effectively.  It describes core skills including:

  • Choosing the right AI tool
  • Writing good prompts
  • Using follow-up questions
  • Avoiding AI’s problems
  • Applying professional judgment when using results

It’s important to choose the right AI tool.  A brilliant prompt to the wrong tool is a bad prompt.  The article includes a list of specialized legal AI tools for legal and dispute resolution practice.

You shouldn’t just take the first response – it’s important to ask follow-up questions.  This article offers a long list of suggested follow-up prompts.

It also provides examples of prompts across the life of a case – before, during, and after mediation.

It cites ABA Ethics Opinion 512, which describes lawyers’ ethical duty of technological competence under the ABA Model Rules.

If you would like to see some hands-on demonstrations, John Lande also posted two short SSRN articles with companion 30-minute videos:

AI won’t do your work for you.  But it can help you to do it better and faster.

The Art of AI Prompting in Law and Dispute Resolution Practice by John Lande

How to Write Effective Prompts

Prompting is the process of telling an AI platform what you want.  It involves the same precision that mediators apply in crafting questions generally, giving instructions or preparing participant guidance. 

Prompting is a professional skill that improves with practice. This article explains prompting techniques in more depth.

The basics include identifying your role, the specific task, the audience, and your preferred format or tone.  Here’s an example of a prompt that tells an AI platform who you are, what you need, and who it is for:

I’m a mediator preparing for a mediation session in an intellectual property dispute between two large corporations.  Draft an email to the lawyers instructing them what to include in a pre-session mediation memo.

Susan Guthrie, 2024-25 ABA DR Section Chair,
has led the way on effectively using AI in mediation

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author

Jim Melamed

Jim Melamed co-founded Mediate.com in 1996 along with John Helie and served as CEO of Mediate.com through June 2020 (25 years).  Jim is currently General Counsel for Mediate.com and ODR.com. During Jim's 25-year tenure, Mediate.com received the American Bar Association's 2010 Institutional Problem Solver Award.  Before Mediate.com, Jim founded The… MORE

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