Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.
Issue link: https://digital.carswellmedia.com/i/1541334
12 www.lexpert.ca Feature Feature mediators based on skill sets and prior related experience. However, she cautions that predictive analysis remains limited in commercial arbi- tration because most proceedings are confi- dential, making it difficult to amass the large data sets needed for effective AI analysis. While public court decisions offer richer data sets, the private nature of commercial arbitration presents unique challenges. She says that accuracy, bias, privacy, privilege, cybersecurity, and enforceability are central concerns. Improper AI use could jeopardize an award and its enforce- ability. Cohen notes that guidelines from law societies, courts, and arbitral insti- tutions emphasize fairness, due process, independence, and transparency. Proper training of lawyers and staff is essential to maximizing AI's benefits. "Learning how to prompt effectively is fascinating… Teaching people how to speak to these tools and ensuring that the tool is only pulling from reliable data sets is part of what we're spending a lot of time figuring out." Looking ahead, Cohen anticipates AI will be used to handle low-value, straightfor- ward disputes. She notes that the American Arbitration Association–International Centre for Dispute Resolution (AAA-ICDR) has announced an AI-based arbitrator tool to deliver fast, cost-effective, and trusted dispute resolution for low-value construc- tion disputes, starting in November 2025. Says Cohen: "This is being tested where the decision is based upon docu- mentary evidence, where there are no witness credibility issues, and the amount at stake likely doesn't warrant traditional arbitration or litigation." Adam Goldenberg, a partner in the litiga- tion group at McCarthy Tétrault LLP who represents Canadian and global companies in commercial and public law disputes, says his firm sees "enormous potential for arti- ficial intelligence to enhance efficiency and outcomes in litigation." AI tools are already integral to the firm's disputes practice, especially within its MT3 WHEN AI MEETS ARBITRATION ARTIFICIAL INTELLIGENCE IS TRANSFORMING ARBITRATION AND LITIGATION, BOOSTING PRODUCTIVITY FOR LAW FIRMS. LAWYERS AGREE AI IS A POWERFUL TOOL BUT HUMAN EXPERTISE REMAINS ESSENTIAL IN LEGAL PRACTICE, WRITES ZENA OLIJNYK A STACK of documents in an arbitration room once signalled days of painstaking review by junior associates. Today, artificial intelligence quietly sifts through hundreds of thousands of pages, highlighting key passages, summarizing witness interviews, and even flagging relevant precedents. The future of legal practice is arriving faster than many lawyers expected – and not just in the courtroom. Tracey Cohen, a commercial litiga- tion and arbitration counsel partner with Fasken Martineau DuMoulin LLP, sees AI as a "potentially extremely useful" tool that can dramatically improve efficiency and effectiveness when used appropriately. "From transcription and translation to synthesizing large volumes of docu- ments, creating chronologies, or turning what might be written submissions into a PowerPoint format – all these tools are helpful," the Vancouver-based Cohen notes. Beyond document management, Cohen highlights AI's potential role in proofreading memorials, supporting legal research, and helping select arbitrators or