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The Use of AI in Arbitration

How artificial intelligence is shaping document review, evidence analysis, and case management in arbitration — and the safeguards neutrals and counsel should consider.

Artificial intelligence is gradually finding its place in arbitration, from document review and evidence analysis to scheduling and case management. The technology offers real efficiencies, particularly in matters involving large volumes of records.

The responsible use of AI in arbitration requires clear safeguards. Neutrals and counsel should be attentive to accuracy, confidentiality, and the limits of any tool employed. AI can assist, but it does not replace the judgment of an experienced arbitrator or the advocacy of counsel.

As these tools mature, the profession's focus should remain on fairness, transparency, and the integrity of the proceeding. Technology that supports those values has a role; technology that compromises them does not.

Mark J. Berkowitz, J.D., is an arbitrator and mediator based in Fort Lauderdale, Florida, serving parties in labor, employment, and workplace disputes in person and virtually.