Tag Archives: Dispute Resolution Practice

California’s Proposed Ethics Rules Emphasize Duty to Avoid AI Hallucinations

1 Comment

The State Bar of California has proposed amendments to comments accompanying several Rules of Professional Conduct addressing lawyers’ use of artificial intelligence (AI). The proposed comments do not create new ethical duties.  Rather, they elaborate how existing rules apply to lawyers’ use of AI.  Although the proposed comments would apply only in California, they make … Continue reading California’s Proposed Ethics Rules Emphasize Duty to Avoid AI Hallucinations →

AI Risks Are Real – and Manageable

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 →

AI at the WIP

3 Comments

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 Art of the Prompt for Lawyers, Mediators, and Arbitrators

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 →

Getting Ahead of the Curve:  A Video for Mediators and Lawyers About AI

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 →

AI and Dispute Resolution: Why You’ll Need It Sooner Than You Think

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 →

RPS Coach is Biased – And Proud of It

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 →

The Artificially Intelligent RPS Negotiation and Mediation Coach

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 →

What’s the Matter with BATNA?

2 Comments

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? →

Updates to Collections of Real Practice Systems Project Publications

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 →