Examining How Arbitrators Are Using AI

The Scheinman Institute on Conflict Resolution was asked by the National Academy of Arbitrators (NAA) to conduct a survey of its members on the use of Generative AI. That survey, now completed, is the basis of a report authored by Harry C. Katz, Jack Sheinkman Professor and Director of the Scheinman Institute and Mark D. Gough, Director of Undergraduate Studies at Pennsylvania State University’s School of LSER. The study reveals a profession that is largely hesitant to integrate AI, with low adoption rates, ethical concerns, and a general lack of familiarity with AI tools.

While less than one fifth of respondents reported using Generative AI in their work as neutrals, the results of the survey indicated a range of attitudes among Academy members, with 28% of respondents outright rejecting AI, 17% citing a lack of knowledge and trust, and 25% expressing cautious optimism or conditional acceptance. Ethical concerns were most commonly cited among professionals as a barrier to adoption, although lack of awareness, skepticism regarding the benefits of AI, and concerns about privacy were also significant factors. However, there are signs of emerging interest, particularly for specific use cases like summarization and research, indicating a cautious path forward.

The authors find that Generative AI has the potential to complement, rather than replace, arbitrators’ expertise. As the field continues to evolve, they note, responsible integration of AI will be necessary to ensure that its adoption does not interfere with the profession’s values of integrity, impartiality, and quality.

The research will continue with two upcoming surveys examining the use of AI by advocates and by those just entering the arbitration profession.

Read the entire report