The Role of Artificial Intelligence in Family Law Mediation
Artificial intelligence (AI) is changing the way many professionals work, and family law mediation is no exception. AI tools can help mediators and lawyers organize information, summarize documents, identify issues, and prepare for negotiations.
However, family law mediation often involves highly personal issues (e.g., parenting, finances, separation, the best interests of children) that need the human perspective. So, AI in family law mediation must be used carefully and should not replace human judgment, empathy, confidentiality, or decision-making.
As AI becomes more common in alternative dispute resolution, both mediators and participants should understand what AI can and cannot do.
What is AI Used For in Family Law Mediation?
Generally speaking, AI tools can assist with tasks before, during, or after a mediation. Depending on the technology, AI may best be used to:
- Summarize lengthy documents
- Organize financial information
- Identify issues that need to be addressed
- Help prepare mediation materials
- Generate draft settlement language
- Assist with communication and negotiation preparation
- Translate or simplify information
- Track negotiation positions
- Help mediators manage large amounts of information
- Provide general information about legal concepts
AI does not have the authority to make decisions for the people involved in a family law dispute. The parties involved should ultimately decide whether to settle and what terms are acceptable.
What Are the Risks of Using AI in Family Law Mediation?
AI can offer useful efficiencies, but its use also creates significant risks. The State Bar of California has issued practical guidance addressing lawyers’ ethical obligations when using generative AI, including duties relating to confidentiality, competence, supervision, communication, and candor.
Confidentiality and Privacy
Family law matters frequently involve highly sensitive information about finances, children, relationships, health, employment, and personal circumstances. For California attorneys, using an AI system with confidential client information can implicate professional duties of confidentiality as well as privacy and security concerns.
Attorneys and mediators should understand how an AI platform stores, processes, uses, and protects information before entering confidential mediation materials into it. California attorneys should not input confidential client information into a generative AI system that lacks adequate confidentiality and security protections.
AI Errors and “Hallucinations”
Generative AI can produce information that sounds convincing but is incorrect. These errors are often referred to as AI “hallucinations.”
In a family law matter, an inaccurate statement about legislation, support, property rights, or parenting law could have serious consequences. For this reason, mediators and involved parties should never automatically assume AI-generated legal information is accurate.
Bias
AI systems can reflect biases contained in their training data or created during the design and implementation of the system. Bias can be particularly concerning in family law because disputes often involve complex questions about:
- Parenting choices
- Finances
- Gender
- Culture
- Religion
- Disability
- Family circumstances
The American Bar Association has warned that AI can reproduce bias and discrimination. Some alternative dispute resolution professionals have raised similar concerns about AI introducing new power imbalances into mediation.
Loss of Human Judgment
Family law mediation is not simply a mathematical exercise, suitable for an algorithm. Two families with similar financial circumstances may require very different solutions taking into account:
- Parenting arrangements
- Communication styles
- Children’s ages and needs
- Employment situations
- Other personal circumstances
An AI system may identify a logical solution without understanding human factors making the solution inappropriate for a particular family.
Overreliance on Technology
AI should be a tool rather than the decisionmaker. If mediators, lawyers, or parties become overly dependent on AI-generated recommendations, they may overlook important information. In other cases, they may accept a proposed solution without adequately questioning it.
Get Family Law Mediation You Can Trust
At Lonich Patton Ehrlich Policastri (LPEP), we are well aware of both the advantages and pitfalls of using AI tools. When AI tools are used in legal work, appropriate safeguards include:
- Protect confidential information
- Verify AI-generated information
- Maintain human oversight
- Consider bias
- Evaluate whether disclosure of AI use is appropriate or required
- Use AI proportionately
Family law mediation helps you reduce conflict, save time and money, protect your privacy, and retain control over important decisions. Schedule a free, no-obligation consultation with LPEP to discuss your options today.
FAQs
Q: Can AI replace a family law mediator?
A: No. AI should not be viewed as a replacement for a human family law mediator. Mediation requires human judgment, communication, empathy, and the ability to recognize complex interpersonal dynamics. AI may assist with certain tasks, but the parties should retain control over their decisions.
Q: How can AI help with family law mediation?
A: AI can potentially help:
- Summarize documents
- Organize information
- Identify issues
- Prepare mediation materials
- Draft certain documents
- Assist with communication
- Perform other administrative tasks
All AI-generated information should be appropriately reviewed.
Q: Is it safe to put family law documents into an AI tool?
A: Not necessarily. Family law documents can contain highly sensitive personal and financial information. Before including confidential information, users and professionals should understand how the AI platform collects, stores, processes, and protects that information.
Q: Can AI provide legal advice during mediation?
A: AI may provide general legal information, but it should not automatically be relied upon as individualized legal advice. Family law rules can vary by jurisdiction and depend heavily on the specific circumstances of a case. A qualified family lawyer can provide advice based on the individual’s situation.
Q: Should a mediator tell the parties if AI is being used?
A: Transparency is an important consideration. For California attorneys, whether disclosure or client consent is appropriate or required depends on the circumstances, including the nature of the AI use, applicable professional duties, confidentiality considerations, and the technology being used.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Gina Policastri
Gina Policastri is a Family Law Specialist as certified by The State Bar of California Board of Legal Specialization, and partner at Lonich Patton Ehrlich Policastri, where she has worked since graduating from Santa Clara University School of Law. Gina was one of the firm’s first associates and, during her 15 year tenure, has been instrumental in growing the firm into one of the largest family law firms in California.
