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
www.lexpert.ca 15 and eBay and mediation tools that use algorithms to resolve small claims effi- ciently. However, she warns, AI tools lack "nuance, emotional intelligence, fairness, and contextual understanding," all critical in higher-stakes arbitration. From the perspective of arbitrators, McEachern sees AI streamlining adminis- trative tasks – such as drafting procedural histories or summarizing cross-examina- tion transcripts – if parties give consent and all decision-making authority remains with the tribunal. Finally, the BLG partner stresses that arbitrators and counsel must stay alert to emerging AI guidelines from courts and arbitration institutions such as the Chartered Institute of Arbitrators and the ICDR's Guidance on Arbitrators' Use of AI Tools. McEachern also notes that while details of arbitration rules can differ slightly in different jurisdic- tions, these guidelines provide valuable benchmarks for ethical and professional AI use. From arbitration to litigation, AI is redefining how lawyers work – acceler- ating processes, enhancing analysis, and training future generations. However, lawyers specializing in ADR agree on one principle: AI complements human expertise but does not replace it. The chal- lenge is striking a balance: harnessing AI's efficiency while ensuring that lawyering remains grounded in judgment, nuance, and responsibility. AI is changing dispute resolution, but judgment matters most. "TEACHING PEOPLE HOW TO SPEAK TO THESE (AI) TOOLS AND ENSURING THAT THE TOOL IS ONLY PULLING FROM RELIABLE DATA IS PART OF WHAT WE'RE SPENDING A LOT OF TIME FIGURING OUT" Tracey Cohen FASKEN MARTINEAU DUMOULIN LLP LAWYERS' USE OF AI FOR ADR How often have you used, and do you expect to use, AI tools and technology? Use of AI tools and technology: past 5 years Use of AI tools and technology: next 5 years Never Sometimes Often Almost always Conducting factual & legal research Data analytics Document review Conducting factual & legal research Data analytics Document review Source: White & Case 2025 International Arbitration Survey 36% 9% 9% 10% 44% 41% 46% 38% 39% 37% 40% 41% 14% 39% 37% 34% 13% 13% 4% 14% 15% 19% 3% 5%