The use of AI in dispute resolution

Artificial intelligence (AI) tools already play a key role in everyday life and how we obtain and process information. It’s inevitable that generative AI – and particularly the automation of knowledge – will continue to be used and relied upon by lawyers as the technology advances.

It’s widely reported and accepted that more dispute resolution lawyers are using forms of AI to help review and draft documents, as well as researching points of law for use in practice. But it’s important to understand the potential risks of over-relying on AI tools in litigation and how certain pitfalls can arise.

How is AI changing the way dispute resolution lawyers work?

Although many litigators are still reluctant to fully embrace AI, the nature of legal services is modernising and can’t be ignored. We live in times where information moves faster than ever and there are higher time and efficiency demands on lawyers and court users – so AI will play an expanding role in years to come.

AI tools have the potential to assist dispute resolution lawyers by:

• Using large language models to carry out document-related tasks without much training, such as reviewing and summarising letters or preparing chronologies
• Improving efficiency with large-scale document reviews, for example by using predictive coding or identifying specific issues within documents
• Undertaking complex legal research tasks
• Producing first drafts of letters, witness statements or other court documents.

AI also has the potential to improve access to dispute resolution services and support early settlement of disputes, where parties can use technology to understand their prospects of success earlier by using predictive analytic tools.

What is the attitude of the courts to AI use in dispute resolution?

There are understandable concerns about the reliability and accuracy of AI tools. Courts have previously issued guidance about taking unprofessional shortcuts during cases.

In the 2025 High Court case of R (Ayinde) v London Borough of Haringey, the Divisional Court found that it’s a lawyer’s professional responsibility to check the accuracy of sources presented to the court. Where false material is deliberately placed before the court, police investigation or contempt proceedings may result.

At present, it’s difficult for lawyers or the courts to predict what role AI technology will continue to play in dispute resolution. But AI tools and models are developing rapidly and there’s a general acceptance that they’re here to stay – although their use and reliability will need to be carefully monitored.

A recent case study

A barrister was recently referred to the Bar Standards Board for investigation after relying on fake case law generated by the ChatGPT AI tool.

The Upper Tribunal (Immigration and Asylum Chamber) found that Muhammad Rahman, a self-employed barrister, misled the court by relying on the non-existent Court of Appeal judgment of Y (China) [2010] EWCA Civ 116. The Tribunal alerted him to the error, after which he carried out further research using ChatGPT during his lunch break. He returned to court and asserted that the citation was correct.

Further investigation revealed that Mr Rahman’s reliance on the judgment was misplaced when he was asked to hand up a copy of the judgment and was unable to do so.

The Tribunal concluded that Mr Rahman hadn’t immediately admitted to his unprofessional use of AI and hadn’t checked the accuracy of his sources. However, he didn’t know that large language models, and ChatGPT in particular, could produce false judgments, so neither a police investigation nor contempt proceedings were appropriate.

Some key tips on using AI when resolving disputes

AI tools are still in their relative infancy in terms of development and lawyers are still getting to grips with the strengths and weaknesses of the technology available – especially in the absence of a tool specifically tailored to dispute resolution practice.

Because of this, the onus is on lawyers to integrate AI into their practices to enhance client services and improve access to justice.

Keep these points in mind when using AI to resolve disputes:

• AI should always be used alongside human judgment and expertise. Check AI-assisted work for accuracy and reliability
• Many AI tools can be trained to give more reliable and tailored results. Give detailed instructions, including clear steps, expectations and criteria (eg what you don’t want AI to produce)
• Be proactive. AI use is unavoidable, so dispute resolution lawyers should undertake sufficient training to become confident users and maximise their effectiveness in resolving disputes.