/ 2 min read
In the "old days" lawyers trudged through hundreds (sometimes thousands) of boxes of documents stored in a warehouse to identify relevant information. Any lawyer who practiced before the digital age probably remembers being a young associate spending weeks going through boxes and flagging important documents with Post-it notes, then waiting for the vendor to provide copies. Long gone are the days of photocopying. That data (and more) can now be stored digitally, and most companies are doing so.
In construction, project management software is commonplace, at least for sophisticated contractors and large complex jobs. The sheer volume of data maintained in these programs adds challenges not just to the data collection process but the review process as well.
Targeted searches based on agreed upon search terms have been the norm for several years as a means of reducing the volume of documents requiring eyes-on review. This mostly applies to email correspondence as other project documents tend to be readily identifiable. However, these targeted reviews of emails are cumbersome and time-consuming. Emails have increased written communications exponentially. It is not unusual in a major construction job to have hundreds of thousands of emails that must be reviewed for both relevancy and privilege.
Artificial intelligence (AI) tools that aim to simplify the review process are becoming widespread in the legal marketplace. AI-powered review programs promise to provide never before seen efficiencies by learning to identify important themes of the case and segregating the relevant from the irrelevant. In effect, these programs advertise the ability to breakdown a massive database into workable "buckets" for review, allowing the attorneys to focus their time on the most important paper. As with any new technology, time will tell which programs can deliver on their marketing promises.
The rise of AI tools is also making an impact on the world of negotiation and dispute resolution. Mediation typically relies on human attributes and the ability to navigate complex dynamics. These human skills are crucial in understanding conflict and facilitating resolution. So how can AI aid in dispute resolution?
What we are beginning to see is AI-powered tools that can assist the mediator with certain tasks such as analyzing data and documents, recognizing priorities, identifying areas for compromise, and suggesting settlement proposals. By integrating task-driven assistance into the mediation process, the mediator is free to focus on the more complex human aspects of the mediation process such as recognizing and dealing with emotions. AI can bring efficiency to the resolution process, but it cannot replace the mediator's role, yet. Mediators now have the option to use AI to enhance and improve the overall process.
Do you remember the idiom, "get on board or get left at the station?" No truer have those words been. The rise of AI certainly offers new challenges and a little anxiety, but AI for the legal field also offers a new frontier filled with great possibilities.