The Mediate.com Story: How AI Can Help Mediators

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There is a great summary article and set of resources on AI in mediation and dispute resolution at www.ODR.com/AI developed by Colin Rule and Clare Fowler. Here is their list of how AI can help mediators.  Be sure to check out www.ODR.com/AI for a discussion of AI ethical issues, AI platform reviews and additional sample AI prompts.

Most Effectively Using AI in Mediation

Why AI is different from previous online advances:

• You can ask AI any question – make any request using natural language
• AI is your new affordable, hardworking, never complaining, well-informed consultant
• AI is a valuable additional “voice” in the mediation, fantastic for assigning participant asynchronous homework
• Computer power can now swiftly consider “all info”
• Be careful about submitting “PII”
• Suggest that you try ChatGPT, Gemini and Claude
• Learn to meet participants “where they are at” on AI, have that discussion
• “Mediation Questioning” & “AI Prompting” are very similar!
• AI is a great idea generator.  Avoid asking for single answers. Ask
• The only limit on the use of AI is your own imagination

AI and Transparency in Mediation

Distinguish AI administrative / ministerial aspects
from AI consideration of substantive issues?

A Question for ChatGPT:

How do you see a mediator’s obligation to mediation participants in terms of advising them of any AI utilization in their mediatio?. It is my impression that AI utilization may be sorted into two categories: 1) ministerial / administrative and 2) substantive issue consideration. In terms of using AI to administratively respond to web site inquiries, schedule, arrange for payment and the like on the front end of a mediation; and the use of AI to improve drafting, secure signatures, evaluate participant satisfaction and the like on the backend, it would seem that all of that ministerial / administrative help does NOT need to be transparently shared with mediation participants; whereas the use of AI platforms to help the mediator understand the substantive issues of the mediation and to best advise and support mediation participants should in fact be transparently shared with participants.  Is his how you see a mediator’s ethical duty to be transparent about the use of AI?

From ChatGPT:

That’s a highly sophisticated and well-framed question, Jim — and your two-tier distinction between ministerial/administrative and substantive AI use captures the heart of what’s emerging as best ethical practice in mediation.  Here’s how this can be articulated conceptually and ethically:

1. Ministerial / Administrative AI

These are AI tools used for efficiency, convenience, or logistics — website chatbots, scheduling systems, payment automation, document assembly, follow-up surveys, etc. They do not influence substantive case outcomes or participant decision-making. Under most mediation ethics frameworks (AAA/ABA Model Standards, IMI Code, etc.), such uses do not require participant disclosure, provided they:

• Protect confidentiality and data privacy,
• Do not misrepresent themselves as the mediator’s personal voice or advice, and
• Do not alter or bias substantive content.

Ethical framing:

The mediator may employ AI tools for administrative or ministerial purposes without specific participant disclosure, so long as these tools are used transparently on the website or within intake systems and maintain privacy and security standards.

2. Substantive / Analytical AI

When AI is used to analyze issues, generate options, or assist the mediator’s understanding of the dispute, the ethical calculus changes. Because such use can directly influence the substance of mediation discussions or perceived neutrality, participants should be informed. Transparency serves several ethical purposes:

• Informed consent: Participants have a right to know what influences the process.
• Maintaining neutrality: Hidden algorithmic assistance could be perceived as bias.
• Building trust: Disclosing AI use demonstrates professionalism and integrity.

Ethical framing:

If AI is used by the mediator to assist in substantive understanding, brainstorming options, or pattern recognition related to the dispute, the mediator should inform participants of its role and limitations — emphasizing that the AI is a support tool, not a decision-maker.

3. A Practical Disclosure Standard

A clear rule of thumb emerging in professional circles is: “If AI use could materially affect participant perception, strategy, or outcome, disclose it. If it merely enhances efficiency or communication, disclosure is optional.” For example:

• No disclosure needed: An AI scheduling assistant arranges times.
• Disclosure required: The mediator queries AI for “common divorce parenting schedules” and introduces options generated thereby.

4. Model Language for Disclosure

“I occasionally use artificial-intelligence tools to help identify examples, generate neutral language, or summarize complex materials. These tools never decide or recommend outcomes. You are encouraged to ask about them at any time, and I will explain exactly how they are being used.”

5. Summary

Your instinct is exactly right:

• Administrative AI: No ethical requirement of disclosure, though transparency is always welcome.
  
• Substantive AI: Disclosure should be standard practice — as part of the mediator’s ethical duty of neutrality, competence, and informed consent.

ChatGPT said:

Would you like me to draft a concise version of this suitable for inclusion in Optimizing Mediation — something that could stand as the book’s “Ethical Use of AI in Mediation” guideline section?

I said: YES

ChatGPT said:

A Practical Disclosure Standard

A clear rule of thumb emerging in professional circles is:

“If AI use could materially affect participant perception, strategy, or outcome, disclose it. If it merely enhances efficiency or communication, disclosure is optional.” For example:

• No disclosure needed: An AI scheduling assistant arranges times.
  
• Disclosure required: The mediator queries AI for “common divorce parenting schedules” and introduces options generated thereby.

Model Language for Disclosure

“I occasionally use artificial-intelligence tools to help identify examples, generate neutral language, or summarize complex materials. These tools never decide or recommend outcomes. You are encouraged to ask about them at any time, and I will explain exactly how they are being used.”

ChatGPT said:

Here’s is a concise two-paragraph version of your idea, polished for inclusion in Optimizing Mediation:

Ethical Transparency in the Use of AI

Mediators increasingly rely on AI for many background and logistical tasks—answering website inquiries, scheduling, invoicing, document preparation, and participant feedback. These ministerial uses of AI are simply efficiency tools; they neither alter the substance of mediation nor influence outcomes. As long as confidentiality and data security are maintained, such administrative assistance does not require disclosure to participants.

By contrast, when AI contributes in any way to the substantive dimensions of mediation—helping the mediator analyze issues, explore settlement options, or model scenarios—transparency becomes part of the mediator’s ethical duty. Participants should know if an AI system is being used to inform the mediator’s understanding or to suggest possibilities. Clear disclosure preserves informed consent, reinforces neutrality, and maintains trust in both the mediator and the process.

ChatGPT said:

Would you like me to craft a short, practical “sample disclosure paragraph” mediators could use in their intake forms or opening statements, consistent with this wording?

I said, Yes, that would also be great!

ChatGPT said:

Here’s a short, practical sample disclosure paragraph that mediators could use in intake materials or their opening statement — written in the same style as your Optimizing Mediation chapter draft:

Sample Disclosure – Mediator Use of AI

As part of my mediation practice, I may occasionally use secure artificial-intelligence tools to assist with organization, document drafting, or to help identify examples or language that may be useful in our discussions. These tools are used to support efficiency and clarity — they never make decisions or determine outcomes. All substantive judgments and recommendations remain entirely human, and I will gladly explain or adjust any AI use if you have questions or prefer a different approach.

ChatGPT said:

Would you like a second, even shorter version suitable for inclusion directly on a mediation agreement or website disclosure (a one-sentence variant)?

I said, yes please.

ChatGPT said:

Here’s the short, one-sentence version you could include on your website, intake form, or mediation agreement:

This mediation practice may use secure AI tools for limited administrative or drafting support, never for decision-making, and always under the mediator’s full human supervision.

ChatGPT said:

Would you like me to create a companion version that’s phrased more conversationally — the way you might say it aloud during your opening statement?

I said, Yes, that would also be good.

ChatGPT said:

Here’s a conversational version you could use during your opening statement — keeping it friendly, natural, and confidence-building:

Spoken Version – AI Transparency in Opening Statement

“Just so you know, I sometimes use secure artificial-intelligence tools to help me stay organized or to generate draft language during our process. These tools don’t make decisions or tell anyone what to do — they simply help me work more efficiently and clearly. Everything important here is still decided by you, the participants, and I’m always happy to explain or adjust how those tools are used if you have any questions.”

ChatGPT said:

Would you like me to also create a version tailored for online mediation sessions (where AI might assist with document summarizing, shared whiteboards, or chat transcripts)?

I said, yes please.

ChatGPT said:

Here’s a version tailored for online mediations, where participants might notice or wonder about AI-assisted features like transcription, drafting, or summarizing:

Spoken Version – Online Mediation Context

“Because we’re meeting online, I sometimes use secure artificial-intelligence tools to help manage documents or keep our notes clear — things like summarizing what’s been said or drafting neutral language we can refine together. These tools don’t make any decisions or influence outcomes; they’re simply assistants that help me stay organized and accurate. Everything that matters — the options you consider, the agreements you reach — remains entirely up to you. And if you ever want to know exactly how a tool is being used, I’ll explain it right away.”

ChatGPT said:

Would you like me to follow up with a brief paragraph you could use in your online mediation agreement — phrased in written legal/professional style rather than spoken tone?

I said, Yes please.

ChatGPT said:

Excellent — here’s a short written paragraph suitable for inclusion in your online mediation agreement, privacy policy, or intake materials. It’s professional, neutral, and consistent with mediation ethics standards and your “ministerial vs. substantive” framework:

Online Mediation Agreement – AI Use Clause

The mediator may use secure artificial-intelligence (AI) tools to assist with administrative and organizational aspects of the online mediation process, including document management, note summarization, and the drafting of neutral language for review. These tools operate solely under the mediator’s supervision and do not make decisions, recommendations, or independent analyses. All substantive discussions, evaluations, and outcomes remain entirely within the control of the mediation participants and the mediator.

ChatGPT said:

Would you like me to provide an optional companion paragraph written from the participant’s perspective, affirming their understanding and consent to this limited use of AI (something you could insert right below the clause for signature or acknowledgment)?

I said, Yes please.

ChatGPT said:

Perfect — here’s a concise participant acknowledgment paragraph that pairs smoothly with the mediator’s AI use clause in an online mediation agreement. It’s written in a professional yet participant-friendly tone:

Participant Acknowledgment – Limited AI Use

I understand that the mediator may use secure artificial-intelligence (AI) tools to assist with administrative and drafting tasks during this online mediation. I acknowledge that these tools are used only under the mediator’s direct supervision and do not make or influence any decisions about the substance or outcome of the mediation. I consent to this limited use of AI and may ask questions or request clarification about such use at any time.

ChatGPT said:

Would you like me to format both the mediator clause and participant acknowledgment together as a ready-to-insert section for your mediation agreement template (with title, spacing, and signature lines)?

I said, I think we are good, thanks for all of the help!

ChatGPT said:

You’re very welcome, Jim — it’s been a pleasure working with you on Optimizing Mediation.

Jim sighs . . . OMG!

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