By Leslie King O’Neal
AAA Adds New AI Dispute Resolution Tool
Expanding the utility of the AI Arbitrator, AAA recently launched the pilot phase for a new AI tool, the “Resolution Simulator.”[i]Similar to a neutral evaluation, this tool provides AI-generated, explainable insights into how an arbitrator might decide a case. This blog has promoted use of neutral evaluations to assist in dispute resolution.
AAA’s Resolution Simulator takes neutral evaluation to another level.
Building on the AI Arbitrator’s technology and structured legal reasoning, analysis and logic, the Resolution Simulator provides a non-binding evaluation based on the user’s submissions and feedback.
Designed for One Party Use in Documents-Only Construction Cases
Unlike the AI Arbitrator, the Resolution Simulator is designed for one party use in documents-only construction cases. The user submits relevant documents and information about the dispute to the Simulator, which provides a summary for the user to review and approve. After the use approves the summary, the Simulator uses the same training and data as the AI Arbitrator uses to issue a ruling. However, unlike the AI Arbitrator, there is no human arbitrator to review or edit the Simulator’s evaluation. AAA says the Simulator issues a “non-binding, simulated decision” that “empowers legal teams to assess potential exposure and evaluate dispute resolution strategies prior to formal proceedings.”
Resolution Simulator = AI Arbitrator Evolved
Bridget McCormack, AAA president and CEO stated, “By evolving our AI Arbitrator, we’re giving legal teams another tool to inform strategy, engage with parties, and identify the best path for resolution, while maintaining the fairness, trust and accountability that defines the AAA.”[ii] “ Parties may use it to understand how an arbitrator may resolve a dispute, develop their legal or negotiation strategy, or level-set internally with clients or counsel.” This could assist in house counsel in risk management discussions with project teams or help outside counsel in recommending different dispute resolution paths.
Questions and Concerns
As with any new tool, the Resolution Simulator raises questions and concerns. Two questions common to all AI tools are: (1) what is the source of its training materials? (2)what methods are used to reduce bias in the AI system? Other common concerns are (1) whether the data provided is confidential and (2) whether information that non-lawyer clients provide to the Resolution Simulator is privileged from discovery. Finally, all users want to know the cost involved to use any tool.
Recent Cases Highlight Privilege and Work Product Issues
In a February decision (a case of first impression in the U.S.,) a federal district court judge ruled that a criminal defendant’s documents memorializing his communications with “Claude,”[iii]were not protected by attorney-client privilege or work product privilege since they were not done on advice of counsel or as part of any attorney-client relationship.[iv] Since “Claude” is not an attorney, communications with “him” were not privileged. And, since defendant communicated with “Claude” on his own, not at the advice or direction of counsel, there was no work product privilege. A developing area of law is whether parties’ prompts to AI platforms are subject to discovery. In copyright litigation against OpenAI, the court allowed discovery of plaintiff’s AI prompts used in drafting the amended complaint.[v]These cases emphasize the need for concern about confidentiality and privilege protection for queries, documents and other information that non-lawyers, in particular, share with AI tools.
[i] See the Resolution Simulator in action at Legalweek 2026, March 9-12, 2026, North Javits Center, New York, NY (Booth 110).
[ii] AAA News & Insights, American Arbitration Association Announces Resolution Simulator, Powered by the AI Arbitrator, (New York, March 4, 2026), https://www.adr.org
[iii] “Claude” is a generative AI platform operated by the private company Anthropic.
[iv] United States v. Bradley Heppner (Case 1:25-cv-JSR)(D.C. S.D. NY February 17, 2026)
https://storage.courtlistener.com/recap/gov.uscourts.nysd.652138/gov.uscourts.nysd.652138.27.0.pdf
[v] Tremblay v. OpenAI, Inc. (Case No: 1:25-cv-034892) (D.C. S.D. NY August 8, 2024). https://www.courtlistener.com/docket/69950497/tremblay-v-openai-inc/
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