AI & Trial Changes Boost ADR Need

By Donald G. Korman
Florida Supreme Court Certified Circuit Civil Mediator
Florida Supreme Court Qualified Arbitrator

In the not-too-distant future, once AI overcomes its tendency for hallucination and inventing cases, every lawyer will have comprehensive access to all relevant case law and law review articles for their claims. Lawyers will tell their AI system the facts of the case as they see them and ask for a memorandum supporting their position. The nature of legal research skills will transform, focusing more on strategic inquiry and critical analysis of AI-generated results. Judges will receive memoranda and briefs replete with case law and machine-generated argument.

While AI is developing, trials are evolving. More and more testimony is being videotaped, reviewed by the court, and edited accordingly. Trials are becoming increasingly theatrical productions with little live testimony or “aha” moments.

While this is efficient, as it becomes possible to determine the length of the trial in advance accurately, such productions are costly to produce. This is making it difficult or impractical to prepare and try modest cases.

As a result, it seems likely that early mediations and non-binding arbitration will become ever more desirable as a means of resolving such claims in a reasonable time and for a reasonable cost.