AI in ADR Roundup

By Leslie King O’Neal

• Strategic planning & preparation—creating agendas & checklists
• Communication & reality testing—generating caucus questions
• Problem solving & proposals—formulating settlement options
• Operations & practice growth—designing post-mediation surveys

AAA’s Dispute Resolution Simulator

Building on the technology of its AI Arbitrator,[ii] AAA launched its “Resolution Simulator” in March 2026. This tool provides a non-binding case evaluation based on the user’s submissions and feedback.  The Simulator is designed for one-party, documents only cases to provide a non-binding simulated decision. Like a neutral evaluation, this decision helps clients and attorneys evaluate their claims and identify the best path for resolution.

How It Works

• Parties or counsel upload claims, counterclaims, and supporting materials (evidence and law) into the Simulator;
• Parties and counsel review and validate Simulator’s AI-identified issues and summaries;
• Simulator creates a structured case analysis with record citations;
•  Simulator generates a simulated decision illustrating how an arbitrator might decide the dispute.[iii]

Having an unbiased decision about the strengths and weaknesses of a claim assists parties and counsel when considering strategies for resolution. Of course, as with any pre-hearing evaluation, the opinion may not reflect what an actual arbitrator would rule. Nevertheless, this can be a useful step before going to mediation or arbitration.

Putting Zero GPT Detector to the Test

Doug Austin,[iv] self-described eDiscovery thought leader, wrote an interesting blog post recently about an unscientific test he did of the Zero GPT Detector. This product claims to detect AI use in text, showing the percentage of AI inside the text. It also checks for plagiarism and can “humanize” AI writing .[v]  

Doug used two blog posts to test the GPT Detector.[vi] The first post was a briefing document he generated through Notebook LM. All the text was AI-generated. The ZeroGPT Detector found an 88% likelihood of AI generation, noting the formatting, the tone and the dense, balanced synthesis were typical of AI writing.

Doug wrote the second blog post entirely by himself, with no AI assistance. However, the ZeroGPT Detector found a 92% likelihood it was AI-generated. The Detector considered the structured argumentation, consistent tone, and polished narrative flow as signs of AI generation.

For the final test Doug used a document written entirely by ChatGPT.  Surprisingly, the ZeroGPT Detector found the likelihood of AI generation for this document was only 35%.

As noted, this was not a scientific test, but it raises questions about the accuracy of this AI-detection tool.

Takeaways

• AI tools, when used properly, can assist counsel and neutrals in their ADR practices.
• As with any new tools, it’s wise to “test drive” them before relying on them in practice

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[i] https://www.timkendisputeresolution.com/; https://www.linkedin.com/posts/edtimken_mediation-adr-legaltech-ugcPost-7439688723295797248-2rEK?utm_source=share&utm_medium=member_desktop&rcm=ACoAABVzQVUBoD8b0NAYuRZPvRN2xEP4Eyp4JJg

[ii] AAA says the Simulator uses the same training and data that the AAA 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 News & Insights, American Arbitration Association Announces Resolution Simulator, Powered by the AI Arbitrator (New York, March 4, 2026). https://www.adr.org

[iii] https://www.adr.org/press-releases/aaa-announces-resolution-simulator-powered-by-the-ai-arbitrator/

See prior post, Move Over, AI Arbitrator! AAA Introduces AI “Resolution Simulator”

Move Over, AI Arbitrator! AAA Introduces AI “Resolution Simulator”

[iv] https://ediscoverytoday.com/

[v] https://www.zerogpt.com/

[vi] https://www.linkedin.com/posts/ddouglasaustin_chatgpt-ai-aidetection-activity-7442185817332006912-vft2?utm_source=share&utm_medium=member_desktop&rcm=ACoAABVzQVUBoD8b0NAYuRZPvRN2xEP4Eyp4JJg