"I often give presentations on the use of AI in litigation and the impact it could and will have. I frequently hear from older litigators that they aren't all that concerned about what AI could do to their practices. After all, they reason, litigators have to effectively persuade other humans. They need to have empathy, sympathy, and assess body language and subtleties in others. And they have to have the proverbial gut instinct. None of these things does AI have. Yet."
"The AAA Announcement And lest we think that AI decision making is far-fetched, eBay has been using an AI bot to resolve disputes between buyers and sellers for some time. Then came the AAA announcement that it would be launching its AI-powered arbitrator in November. The AI arbitrator will, for now, be deciding documents-only construction defect cases, although in the future, according to AAA, it may be used for insurance cases and specifically high-volume but low-dollar-amount payer provider disputes."
The American Arbitration Association will launch an AI-powered arbitrator in November to decide documents-only construction defect cases, with possible future use in insurance and high-volume, low-dollar payer-provider disputes. eBay already uses an AI bot to resolve buyer-seller disputes. AAA projects 30-50% reductions in construction-case costs and 25-35% faster resolution, with expectations of further improvement. Many litigators emphasize human persuasion, empathy, body language reading, and gut instinct as core advocacy skills that AI lacks. The emergence of AI decision makers raises questions about the necessity and future responsibilities of litigators when factual and legal inputs are fed into automated decision tools.
Read at Above the Law
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