Ethical Use of Artificial Intelligence in Mediation: Transparency, Consent, and Neutrality
This article explores the ethical implications of using Artificial Intelligence (AI) in mediation, based on Steve Lopez’s master’s capstone research in Negotiation, Dispute Resolution, and Peacemaking. As AI tools increasingly assist mediators with drafting agreements, analyzing negotiation patterns, and managing dispute resolution processes, important ethical questions arise regarding transparency, informed consent, neutrality, and confidentiality. The article explains why mediation—grounded in party self-determination and voluntary decision-making—requires careful disclosure when AI meaningfully influences the process. It examines whether mediators should obtain consent before using AI, how algorithmic bias may affect neutrality, and why California’s strict mediation confidentiality laws demand heightened caution when using cloud-based AI systems. Ultimately, the article argues that AI can ethically support mediation if used as a supplemental tool rather than a decision-maker. However, mediators remain fully responsible for preserving trust, ensuring informed participation, and protecting the human-centered integrity of the mediation process.