Artificial intelligence (AI) is increasingly part of daily life in legal and mediation practice. Mediators and lawyers (“practitioners”) may wonder how they can use it to provide good client service and remain competitive in the marketplace. Indeed, some practitioners may wonder whether they’ll be able to do so in the future without using AI.
Recent data show that lawyers’ use of AI is growing rapidly – and many practitioners will need to learn how to use it effectively to succeed in a changing market. This post highlights a 30-minute video that introduces basic AI concepts and offers practical tips for mediators and lawyers. It links to a short article explaining how practitioners can use AI to promote client decision-making, improve efficiency, and navigate common pitfalls.
Many Lawyers Are Using AI – and Probably More Will Soon
The 2024 ABA Formal Ethics Opinion 512 states that “lawyers should become aware of the [general artificial intelligence] tools relevant to their work so that they can make an informed decision, as a matter of professional judgment, whether to avail themselves of these tools or to conduct their work by other means.” Indeed, “it is conceivable that lawyers will eventually have to use them to competently complete certain tasks for clients.” (Emphasis added.)
In the past two years, lawyers’ use of AI has grown substantially, and it is expected to keep growing. According to the ABA’s 2024 Legal Technology Survey, about 30% of U.S. law firms now use AI tools, up from 11% in the previous year. Another 15% said they were seriously considering using AI tools. In firms with more than 100 attorneys, 46% currently use AI tools.
Almost half the lawyers in the survey believe that AI will become mainstream within three years. If they’re right, by the time that today’s 1Ls graduate, they will need to learn how to use AI properly. This includes knowing how to avoid mistakes – like filing hallucinated documents – and how to create value for clients and employers. (Here’s a link to a post with a video and article for faculty and students.)
I haven’t found data on mediators’ use of AI, but those who work with lawyers will increasingly encounter it. Mediators can also find many valuable ways to use it in their own activities.
Academic and Practitioner Perspectives About AI
Academics and practitioners often approach AI from different perspectives. Academics work in institutions that reward deliberation over rapid adoption of innovations. Faculty generally experience little immediate pressure to change their practices, and they don’t (yet) face professional risks or lost opportunities if they ignore AI. Indeed, many are pressed for time as it is, so they may have little incentive to add to their immediate workload – even though AI can enable them to work more efficiently over the long term. Some approach AI skeptically, raising important critiques of its societal effects, such as environmental harms, de-skilling, and labor displacement.
By contrast, practitioners generally work in a market expecting them to provide professional services efficiently. For them, AI is less a policy debate than a practical tool. Even if they are concerned about societal risks, they may still use it because they face pressure to keep up – and have little leeway to wait. Practitioners may not view AI as entirely good or bad and – thinking like mediators – they may recognize complex tradeoffs that shift with evolving technology and human adaptation.
Given today’s legal and dispute resolution market, many practitioners need to learn how to use AI effectively and responsibly.
Getting Started Using AI
This 30-minute video offers a basic introduction about how you can use AI tools such as ChatGPT. It provides pointers on how you can write good prompts and avoid common mistakes. The video includes two demonstrations using RPS Coach, a specialized AI tool for negotiation and mediation. This 4-page article provides links to the PowerPoint slides and a transcript of the AI demonstrations.
The video and article are designed for mediators and lawyers who want to use AI to improve their work, help clients, save time, and stay competitive in a world where AI is rapidly becoming the norm.
It makes sense to start using AI gradually rather than wait until it becomes expected or unavoidable. Building skills over time can help you gain confidence and develop sound judgment without the pressure of having to master everything at once – especially if it becomes essential in your work.
Take a look.
