Tag Archives: Dispute Resolution Practice

Do You Know That You Use ODR?

Many dispute resolution practitioners would answer that question with a simple “no.” Until recently, I would have answered the question the same way. When I thought about online dispute resolution (ODR), I thought about specialized online platforms like eBay.  ODR seemed like a distinct corner of the dispute resolution field that was completely disconnected from … Continue reading Do You Know That You Use ODR?

Mediate.com Hosts RPS Coach

If you want to learn how you can benefit from RPS Coach, check out the new Mediate.com webpage. RPS Coach is a free AI tool offered as a public service.  It is designed to help mediators, attorneys, parties, educators, students, trainees, and ADR program administrators prepare for and participate in negotiation and mediation.  It reflects … Continue reading Mediate.com Hosts RPS Coach

Are You Afraid of Becoming a Zombie If You Use AI?

Many people fear that artificial intelligence (AI) will undermine human skills, making them less capable of exercising independent judgment.  They worry that machines take control and humans lose control. Sometimes that’s exactly what happens. This problem, in my view, is not primarily that AI is too powerful. The problem is that some people don’t recognize … Continue reading Are You Afraid of Becoming a Zombie If You Use AI?

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

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

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