Ai | Neurodivergence | In Mediation and Arbitration
The New Intelligence in Conflict: AI & Neurodivergent-Aware Mediation
Ai and Neurodivergence, and the Rising Relevance of Mediation & Arbitration
Why Human-Centered Dispute Resolution Will Thrive in an Algorithmic Age.
In this fast-evolving age of artificial intelligence, the legal world — like much of society — is undergoing deep transformation. Court systems, once firmly anchored in precedent and paper, are now experimenting with AI for case triage, document drafting, and even outcome prediction. It’s tempting to assume that technology will soon do the heavy lifting across all areas of dispute resolution.
But here’s the thing: Not all conflicts can be codified. Not all disputes can be resolved by pattern-matching and logic alone. And not all people — particularly in today’s increasingly diverse and neurodivergent world — are served by mechanized justice.
That’s where the practice of mediation and arbitration, particularly when approached with nuance and emotional intelligence, becomes not less relevant — but more essential than ever.
AI in the Legal Field: A Double-Edged Sword
To be clear: AI is not the enemy. In fact, it can be a powerful partner in dispute resolution. Already, artificial intelligence can assist with:
Summarizing complex case files
Recommending settlement ranges
Identifying patterns in behaviour or communication
Drafting routine documents or agreements
But for all its power, AI is not a human being. It cannot sense a person’s fear or shame beneath a rigid statement. It cannot modulate tone to defuse an escalating room. It cannot distinguish between a communication breakdown and a trauma response. Most importantly, it cannot hold space for the messy, layered truth of a human dispute.
A World Increasingly in Conflict — and in Need of Understanding
In our post-pandemic, politically fragmented, economically unstable world, conflict is rising — in families, workplaces, businesses, communities, and institutions. The global justice system is straining under the weight of it all.
And within this swirl of tension, one truth grows increasingly clear: Many people are simply not wired for traditional adversarial systems.
A significant portion of the population is neurodivergent — a term that encompasses autism spectrum (ASD), ADHD, sensory processing differences, nonverbal learning challenges, and more. These individuals — and often the people closest to them — face particular struggles in environments that demand quick thinking, unspoken social rules, and emotional performativity.
Mediation and arbitration, when approached with neurodivergence-informed care, provide a more accessible, human, and often more dignified path forward.
What Parties and Counsel Need to Know
Whether you're a client or counsel, a few things are worth keeping in mind:
AI can support, but not replace, meaningful human process. It can prepare background information or synthesize case facts, but only a skilled mediator or arbitrator can read the room and shift the energy of a conversation in real time.
Neurodivergent parties require tailored approaches. That might mean using visual communication aids, adjusting session lengths, or rethinking how emotions are expressed and interpreted. Recognizing and respecting cognitive diversity is not a courtesy — it's a professional responsibility.
Hybrid models are the future. The most effective conflict resolution going forward will combine the efficiency of AI tools with the empathy and adaptability of a skilled human practitioner.
The Future Belongs to the Human-Centered
For those working in or adjacent to the justice system — whether as legal counsel or disputing parties — it’s easy to feel overwhelmed by the speed of change. But there is also an invitation here: to reclaim the heart of resolution work, and to reaffirm the importance of presence, listening, and discernment in a world increasingly mediated by screens and systems.
Closing Thought
In a noisy, accelerated, and disembodied world, the need for human presence — someone who listens between the words, reframes entrenched narratives, and brings forward what truly matters — becomes not a luxury, but a lifeline.
AI may change how we work. But it will not change why we do this work: To help people move forward — with dignity, clarity, and sometimes even peace.