My latest Theory Meets Practice column in CPR’s Alternatives magazine, How Legal and Dispute Resolution Professionals Can Manage AI Risks, explains how to assess and manage generative artificial intelligence (AI) risks. Many legal and other dispute resolution professionals use AI tools to draft documents, brainstorm ideas, organize information, and prepare for negotiations and mediations. There … Continue reading AI Risks Are Real – and Manageable
Many colleagues at the AALS ADR Section Works-in-Progress Conference focused on various aspects of artificial intelligence (AI). Their papers included the following: The Bots are Coming: How Can Law Professors Stay One Step Ahead?, Hal Abramson (Touro) Detecting and Challenging AI Drafted Arbitration Awards, Rishi Batra (McGeorge) Data Resolution: How AI Agents Change Conflict, Simon … Continue reading AI at the WIP
The quality of AI outputs depends on users’ skill in inputting good prompts. That’s the premise of my new 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 … Continue reading The Art of the Prompt for Lawyers, Mediators, and Arbitrators
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 … Continue reading Getting Ahead of the Curve: A Video for Mediators and Lawyers About AI
Imagine doing your work without word processing, spell checkers, email, the internet, search engines, voicemail, cell phones, or Zoom. That’s how you’ll probably feel in the not-too-distant future about working without artificial intelligence (AI). Innovations often seem radical at first. In time, people just take them for granted. ABA Formal Opinion 512 states that lawyers … Continue reading AI and Dispute Resolution: Why You’ll Need It Sooner Than You Think
We all know that it’s bad to be biased, right? Wrong. That assumption is its own bad bias. Biases are inevitable – in humans and bots alike. Some biases are harmful. Others are helpful. Many are neutral. But bias itself is unavoidable. So bias isn’t a problem in itself. Pretending otherwise is. This post describes … Continue reading RPS Coach is Biased – And Proud of It
Until January 27, I hadn’t planned to develop an AI tool for dispute resolution . That changed when I Zoomed into a program where Susan Guthrie showed how AI could be used in mediation. A brief conversation at the end shifted from mediating disputes to improving writing – and that’s when a light bulb lit … Continue reading The Artificially Intelligent RPS Negotiation and Mediation Coach
You probably teach students or train practitioners about BATNA – everybody loves BATNA. You may think you understand it correctly. There’s a good chance you don’t – and that you spread your misunderstandings like a virus. So you might want to read my latest Theory Meets Practice column in CPR’s Alternatives magazine, What’s the Matter … Continue reading What’s the Matter with BATNA?
This year, I wrote a lot of blog posts and short SSRN articles about the Real Practice Systems (RPS) Project, particularly about attorneys’ real practice systems and legal education. The Project is designed to improve understanding about how dispute resolution practitioners think and act and to help practitioners act more consciously and intentionally. I updated … Continue reading Updates to Collections of Real Practice Systems Project Publications
At this year’s AALS ADR Section WIP Conference, I presented data showing that more than 90% of law school mediation courses and more than 90% of the coverage in popular mediation texts focus on the mediator’s role. I asked people what they think the emphasis generally should be in generic mediation courses, and here are … Continue reading If You Will Teach Mediation (or Other DR Course) Next Year, Read This
