Guidance for Third Parties Using Artificial Intelligence in Dispute Resolution
Applying the Online Dispute Resolution Standards
By Colin Rule
The National Center for Technology and Dispute Resolution (NCTDR) and the International Council for Online Dispute Resolution (ICODR) announce the issuance of a new jointly produced document. The Guidance is an extension of the NCTDR-ICODR Online Dispute Resolution Standards issued in May 2022, and adopted by the International Organization for Standards (ISO) in March 2025.
The general guidance covers all of the ODR Standards of practice for third parties involved in dispute or conflict engagement. The deployment of artificial intelligence to dispute management whether face-to-face or online offers valuable benefits to increase effectiveness and access to justice while also raising risks for disputants, third parties and dispute resolution entities. Accordingly, NCTDR and ICODR have developed guidance for what will inevitably be the use of AI in all forms of dispute engagement.
The Guidance can be accessed at: Guidance for Third Parties Using AI and below.
Guidance for 3rd Parties Using AI in Dispute Resolution
Applying the Online Dispute Resolution Standards
PREFACE
For those engaged in all forms of conflict engagement (mediation, facilitation, arbitration, coaching, etc.) there is a critical need for guidance on how and whether to integrate artificial intelligence platforms and applications into practice. It is highly unlikely that nationally based regulation will address the particular ethics and standards of practice common to all dispute interveners. It is likely that useful AI guidance will come from professional standards that also cross borders, like the ones developed jointly by NCTDR and ICODR and incorporated into international standards.
This Guidance document has three essential elements. First, it addresses the specific ethical requirements and standards of practice for those involved in dispute or conflict engagement.
Second, because the basic ethics associated with dispute or conflict engagement are also key to any practice that manages communication and information exchange, it crosses professional and practice borders and is useful for a wide range of practice.
Third, it provides guidance for implementing the ODR Standards as practitioners determine which AI applications are best for use and when, and, as an added bonus, it supplies developers with guidance that is important to users and which may drive adoption. Importantly, in this document as in the ODR Standards, Online Dispute Resolution is framed as inclusive of any process or intervention used to handle disputes when it employs electronic communications and other information and communication technologies, whether face-to-face or online.
The general guidance covers all of the ODR Standards of practice for third parties involved in dispute or conflict engagement. Each of the ODR Standards are important for ethical practice and highlighted here are some issues that stand out as examples of what demands immediate attention to ensure that third parties are creating a safe and level playing field for the parties for whom they are working.
Confidentiality in both oral or written exchanges, and in the sharing of information among parties may be dramatically affected by the use of AI platforms and applications. Make it a priority to read and understand the “Confidential” section of the guidance.
Competent practice demands that third parties both understand the platforms and applications they use with the parties, and that they be able to explain those platforms and applications and their use to the parties, counsel, and other participants. Make it a priority to read and understand the “Competent” section of the guidance.
Transparency when using AI refers not only to transparency of the process, but transparency regarding the third party’s use of AI and the use of AI by the parties themselves. Again, make it a priority to read and understand the “Transparent” section of the guidance.