Artificial Intelligence programs, such as ChatGPT, have the potential for expanded use in dispute resolution.

ChatGPT has direct access to internet resources, which enables it to understand, interpret, and respond in natural language. But many are wondering if the new technology can assist mediators and if it could one day replace mediators entirely.

ChatGPT has the ability to process and analyze large amounts of information and can quickly provide a mediator with useful data. If ChatGPT is used to generate a transcript of a mediation, it can easily answer questions about what was said or agreed to. ChatGPT can also provide the mediator with dispute resolution techniques and generate potential solutions.

But can ChatGPT replace mediators? Perhaps some day, but presently ChatGPT has its limitations. It is not necessarily neutral or free of bias. ChatGPT is not independent of the gender, racial, and other biases on the internet. ChatGPT currently has no access to nonverbal cues, such as gesture and facial expressions. ChatGPT may not recognize cultural factors. Participants may not find ChatGPT an empathic listener able to recognize emotions.

Researchers Sonja Weisheit and Christoph Salger from Mediate.com asked ChatGPT if it could replace a mediator. It’s response: “As an AI language model, I can provide information and suggestions based on data and algorithms, but I cannot replace the role of a human mediator. A mediator is a trained professional who helps parties in conflict to reach a mutually agreeable solution. A mediator often relies on a combination of communication skills, active listening, empathy, and the ability to recognize and address power imbalances to help people in dispute find common ground. While I can provide general information on conflict resolution, I cannot replace the human qualities that a mediator brings to the process. Mediation often involves emotional intelligence, which is an area where AI models like myself will have limitations.”

I don’t see ChatGPT replacing mediators any time soon, but the strength of ChatGPT in analyzing data and generating possible solutions is a valuable tool for disputants and mediators alike.

Listening skills are a major part of every mediation training program.

I can explain why listening is important in mediation, but I admit many people early in their training have a facial expression that says, “I’ve been listening all my life, let’s move on.”

Recently, I found a new book called “Holding the Calm” by attorney and mediator Hesha Abrams, which relates an example of listening she feels illustrates the type mediators must learn to do. At one time in her life Ms. Abrams wanted to give back to her community by volunteering for a Suicide Crisis Hotline. She thought she knew how to listen, especially having attended the center’s training program. Her first call came from a desperate woman. Throughout an exhausting hour long session she tried hard to give advice and provide resources that included a checklist designed to turn the caller’s life around. After the call, an experienced volunteer told her, “You’re doing it all wrong!” Hesha then realized she had not listened, but instead managed to show the caller how she was smarter and had her life together. by comparison

She then began practicing how to listen and explains on page 37 of her book: “I hit my tongue when I wanted to talk or give advice. I consciously nodded my head even though I was on the phone. I repeated back what people said and mirrored their thoughts. I asked questions--not to get answers but to genuinely inquire. My intent was to make people feel heard, empowered, and validated, even over the smallest detail…. I learned how to listen—to hear behind the words, hear what is not being said, and hear deeply.”

That is exactly the kind of listening skills mediators must develop to understand how the speaker sees their situation—not how the mediator would if “they were in their shoes.” Listening for understanding is the kind that engenders the trust that helps make the mediation process work.