 |
| Brett Carlson |
In recent years, online dispute resolution (ODR) has emerged as a transformative approach to handling legal disputes, particularly in the domain of family law. Parallel to this rise has been the advancement of artificial intelligence (AI) and its increasing integration into legal technologies. The utilization of AI in family law disputes has significant potential to aid in reducing the current access to justice pandemic we see in Canada.
The integration of AI into ODR addresses challenges such as accessibility, cost, bias, and procedural inefficiency. To mitigate the inherent risks in AI, discussed separately, this integration must be approached cautiously and intentionally.
Increased accessibility and efficiency
Traditional family law processes often require in-person appearances, legal counsel, and rigid scheduling, all of which are barriers for people in rural communities or with limited means. ODR platforms reduce these barriers by allowing participants to engage anytime and anywhere with internet access.
AndreyPopov: ISTOCKPHOTO.COM
While research on the efficiencies created by AI in family law ODR is still developing, lessons from e-commerce platforms like eBay and Amazon demonstrate AI’s ability to resolve disputes almost instantly. With the continual growth in AI outside of e-commerce platforms, similar efficiencies in family law are likely.
Cost reduction and support for self-represented litigants
Family law litigation is often prohibitively expensive. AI-assisted ODR reduces costs by automating routine work, minimizing the need for legal professionals, and reducing the need for physical court appearances.
The rise of self-represented litigants (SRLs) makes this especially significant. AI tools can provide automated legal guidance, draft court forms, and supply real-time information about rights and obligations. Natural language interfaces and intuitive guided user interfaces help SRLs navigate legal processes with greater confidence. For example, chatbots can answer common family law questions, while document assembly tools assist with preparing financial disclosure forms, applications and standard affidavits. These features help level the playing field and advance access to justice.
Consistency and reduced bias
A longstanding concern in family law is the subjectivity and variability of human decision-making, which can be influenced by unconscious bias, fatigue or inconsistency across jurisdictions. Properly designed AI systems can apply legal principles uniformly, improving consistency and predictability of outcome. Routine and non-discretionary tasks, such as calculating child support, are especially well suited to AI.
That said, algorithmic design must be carefully reviewed to avoid replicating bias. Unlike human adjudicators, however, AI can be retrained and audited to address disparities. This adaptability offers a path toward more equitable justice systems for family law participants.
Emotional regulation and conflict de-escalation
Family law disputes are often emotionally volatile, and heightened emotions can derail negotiations or exacerbate existing conflicts. AI tools using natural language processing and sentiment analysis can help regulate these dynamics. For example, platforms like Our Family Wizard use AI to flag inflammatory messages and suggest more constructive phrasing before they are sent. In the context of asynchronous ODR, tools like this can prevent conflict escalation and support more productive dialogue.
These tools also assist neutrals by highlighting emotional hotspots that may require further intervention, helping mediators focus on the most contentious issues and guiding parties toward durable agreements.
Data-driven insights
AI’s ability to analyze large datasets provides valuable insights for family law ODR. Historical case data can be used to predict outcomes, identify patterns of successful settlements, and suggest resolution strategies. Predictive models can estimate likely options for the division of property or propose parenting arrangements based on precedent, giving parties realistic expectations to help facilitate negotiations.
For mediators and decision-makers, these insights help tailor approaches to the specifics of each case, improving both effectiveness and satisfaction with the resolution process.
Conclusion
AI-assisted ODR platforms have the potential to make family law processes more accessible, affordable, consistent and emotionally constructive. By automating routine tasks, supporting self-represented litigants, reducing bias and offering data-driven insights, AI can help address systemic barriers in family justice.
That being said, AI is not the solution for family law. Rather, it is a tool that participants and neutrals can and should be using intentionally. While care must be taken by the users, the promise of AI in family law ODR lies in its ability to combine efficiency with fairness, ultimately advancing access to justice.
Brett Carlson is a trusted family law adviser with nearly a decade of experience guiding clients through complex, high-stakes family law matters. Brett’s practice spans all areas of family law, with a particular focus on advising high-net-worth individuals, entrepreneurs, professionals and business owners. He is an Accredited Family Law Mediator with the Law Society of British Columbia and provides both mediation and arbitration services in Alberta for family law and estate matters.
The opinions expressed are those of the author and do not reflect the views of the author’s firm, its clients, Law360 Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
Interested in writing for us? To learn more about how you can add your voice to Law360 Canada, contact Analysis Editor Yvette Trancoso at Yvette.Trancoso-barrett@lexisnexis.ca or call 905-415-5811.