The New York Times recently published an article, 48 Hours Without A.I., by A.J. Jacobs. He decided to live for 48 hours without AI or machine learning to gauge how pervasive these technologies have become in daily life. His goal was to expose “the AI hiding in plain sight” and understand what modern life would look like without it. From the moment he wakes, he finds AI embedded in nearly everything.
AI now is embedded in internet search engines and shopping sites like Amazon.
I asked ChatGPT to discuss the premise of the article, which is about how much
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AI at the WIP
Many colleagues at the AALS ADR Section Works-in-Progress Conference focused on various aspects of artificial intelligence (AI). Their papers included the following:
- The Bots are Coming: How Can Law Professors Stay One Step Ahead?, Hal Abramson (Touro)
- Detecting and Challenging AI Drafted Arbitration Awards, Rishi Batra (McGeorge)
- Data Resolution: How AI Agents Change Conflict, Simon Boehme (UC Law SF)
- Using AI in the Negotiation Classroom – Pros, Cons, and Learning, Jeanne Brett (Negotiation and Team Resources)
- Real Hypothetical Negotiations, Bernard Chao (Denver)
- Creating Bots and Avatars: How They Can Help Us Teach, and What We Learn as We Build Them,
Hal Abramson on Time-Pressured Negotiations
Hal Abramson’s article, Time-Pressured Negotiations, deals with a very real phenomenon in real life. It considers how to negotiate when you do not have the time to use your best negotiation practices.
He writes that no other article has considered what to do when in a time-pressured negotiation other than to advise you not to be trapped by a deadline. When you have no choice but to rush, this Article examines the choices that will reduce the risks posed by skipping any best practices.
This Article first considers the inherent risks of taking shortcuts and then describes a negotiation
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AAA Announces New Mediation Magazine
From FOI Tracey Frisch:
AAA announces the launch of Mediation Magazine: https://mediationmagazine.org/
The Mediation Magazine is a new web-based publication of the American Arbitration Association – International Centre for Dispute Resolution, focused on the rapidly developing mediation market. Published continuously throughout the year, this resource promotes mediation as a powerful and practical way to resolve disputes with dignity, collaboration, and lasting impact. The Magazine aims to foster a constructive dialogue culture and showcase mediation’s value across dispute types. We invite authors, practitioners, and thought leaders to contribute insights, experiences, and innovations that advance the field. Together, we can build a
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ABA Issues Formal Opinion – A Lawyer-Mediator Must Avoid Misleading Communications When Acting as a Neutral
On October 15, 2025, the ABA issued formal opinion 518, entitled, “A Lawyer’s Duties to Avoid Misleading Communications When Acting as a Third-Party Neutral Mediator” https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-518.pdf
In this opinion, the the ABA states that in the role of mediator, lawyers cannot engage in deception about the parties’ bottom lines – or about anything else.
The Opinion summary reads as follows: “Rule 2.4 of the ABA Model Rules of Professional Conduct addresses a lawyer’s duties when acting as a third-party neutral and defines third-party neutral as a lawyer who assists two or more persons – who are not clients of the
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Ghostwriter or Coach? New Articles Offer Practical Help with AI in Student Writing
Don’t you just hate it when you suspect a student submitted a paper written by AI and you can’t tell for sure? You’re not alone – a recent survey finds that many faculty share your concern.
These concerns – and potential solutions – are the focus of two short articles worth checking out:
Faculty Use of Artificial Intelligence in Teaching
Did Your Student or a Bot Write This Paper?: Teaching and Grading in the Age of AI
The first article reports the results of a recent survey of law faculty. The second offers practical strategies to promote learning and uphold
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Utah Is the Latest State to Move to Skills-Based Licensing
The ABA Journal recently published an article, Utah Announces Skills-Based Path to Law Licensure. It states:
Last week, the Utah Supreme Court approved a new process that requires candidates to perform 240 hours of post-graduation supervised practice, complete specific skills-based coursework, and pass a new one-day written test similar to the Multistate Performance Test and administered by the Utah State Bar, according to the Utah Bar’s website.
Utah’s new system is based on the Institute for the Advancement of the American Legal System’s 2020 Report, Building a Better Bar: The Twelve Building Blocks of Minimum Competence.
Here are
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Negotiators Who Change the World: Timeless Lessons on Leadership and Negotiation just published!!
Delighted to share that this book is out with chapters from me on Madeleine Albright and from Carrie Menkel-Meadow on Kissinger as well as a host of other leaders and authors! (Scroll to the end for the discount code to order!)
As the editor Remi Smolinski describes it:
After a year and a half of intensive research and project work, I am happy to share that our new book: “Negotiators Who Changed the World: Timeless Lessons on Leadership and Negotiation” has just been published by Springer Nature.
Leadership and negotiation are inseparably connected. The most effective leaders are also great
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The Art of the Prompt for Lawyers, Mediators, and Arbitrators
The quality of AI outputs depends on users’ skill in inputting good prompts.
That’s the premise of my new article: The Art of AI Prompting in Law and Dispute Resolution Practice.
It provides practical guidance about how to use AI tools responsibly, ethically, and effectively. It describes core skills including:
- Choosing the right AI tool
- Writing good prompts
- Using follow-up questions
- Avoiding AI’s problems
- Applying professional judgment when using results
It’s important to choose the right AI tool. A brilliant prompt to the wrong tool is a bad prompt. The article includes a list of specialized legal AI tools
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Cardozo Journal of Conflict Resolution — Issue 3, Volume 26 just out!
I am delighted to announce the Third Issue of Volume 26! Read about the issue on the Cardozo Journal of Conflict Resolution blog, which can be accessed here: https://lnkd.in/eJbM5XmW. Many thanks to the wonderful authors and our terrific students!
Articles
A Framework for Trauma-Informed Mediation: A Heart and Mind Approach to Conflict Resolution
—Michael Saini, Raheena Lalani Dahva, & Shely Polak
Not Enough of a Good Thing: Unleashing the Full Power of Mediation Globally
—Giuseppe De Palo & Mary B. Trevor
Notes
Healing an Unimaginable Loss: How Social Media Platforms Can Help Bereaved Parents Through ADR
—Molly Baraban
Three-Stripe
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Discussions in Dispute Resolution: The Coming of Age (2000-2009)
On behalf of my co-editors Andrea Schneider and Sarah Cole, I am happy to announce that Discussions in Dispute Resolution: The Coming of Age (2000-2009) is available for purchase. Note – use the code AUFLY30 to save 30% from the list price.
Getting a book project to fruition is a labor of love, and there are plenty of people to thank for their help in its journey from idea to publication – most importantly all of the contributors whose work forms the basis of the book. Without them, this book would not exist. Thank you.
Here’s a blurb from the
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Help Us Understand AI in Law School Teaching – Please Complete a 5-minute Survey by Friday, September 26
Our colleagues, Hal Abramson, Alyson Carrel, Noam Ebner, Dwight Golann, Sharon Press, and I recently discussed the use of AI in teaching.
We want to know how our colleagues are using AI in their courses, if at all. So I am conducting a research study entitled “Use of AI in Teaching” asking about your experiences, plans, and perspectives.
We would REALLY APPRECIATE it if you would take about 5 minutes to respond to the short survey below by Friday, September 26.
We hope all faculty will respond regardless of whether you use AI in your courses or not — and
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Clearinghouse on Constructive and Civil Discourse
From friend of Indisputably, Grande Lum:The ABA Dispute Resolution Section Task Force today announces the launch of the Clearinghouse on Constructive and Civil Discourse. https://law.stanford.edu/clearinghouse-on-constructive-and-civil-discourse/ The legal profession and law schools are increasingly recognizing their responsibility to equip lawyers and law students with an understanding of the vital connection between discourse approach, learning, engagement, and the functioning of democratic institutions. Discourse is constructive and civil when the goals are expanding knowledge, promoting understanding, and building mutual respect. This is especially needed for lawyers in deliberation on matters of public concern. This website seeks to provide resources for learning, skill building,
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AAA 2025 Diverse Student ADR Summit
I am passing along this announcement from the AAA:
The American Arbitration Association® (AAA®) is pleased to announce applications are now open for the 2025 Diverse Student ADR Summit, taking place in New York City on November 1–2, 2025.
This unique program offers first, second, and third-year law students an in-depth introduction to careers in arbitration and mediation, featuring sessions led by accomplished ADR professionals, litigators, in-house counsel and industry leaders.
Scholarship Support:Selected applicants will receive a $1,300 stipend from the AAA-ICDR Foundation® to cover travel and lodging expenses in New York.
We encourage you to share this opportunity with
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Getting Ahead of the Curve: A Video for Mediators and Lawyers About AI
Artificial intelligence (AI) is increasingly part of daily life in legal and mediation practice. Mediators and lawyers (“practitioners”) may wonder how they can use it to provide good client service and remain competitive in the marketplace. Indeed, some practitioners may wonder whether they’ll be able to do so in the future without using AI.
Recent data show that lawyers’ use of AI is growing rapidly – and many practitioners will need to learn how to use it effectively to succeed in a changing market. This post highlights a 30-minute video that introduces basic AI concepts and offers practical tips for
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What Do AI and Sex Have in Common?
By now, you know that students are using AI. Some faculty express concern, and they hope that AI tools will just go away – or that students won’t use them. Not gonna happen.
One recent study found that 86% of university students occasionally, frequently, or very frequently use generative artificial intelligence tools. About 70% of the students used it more than an hour per week. Other studies report even higher usage rates.
Suggesting that students not use AI seems similar to saying that the best way to avoid the risks of sex is simply to abstain. The analogy is imperfect
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