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| Brett Carlson |
The technology’s ability to analyze data, assist in negotiations and streamline processes must be balanced against its potential to compromise fairness, privacy and human empathy. To ensure that AI strengthens rather than undermines the integrity of family law processes, it is essential to establish clear ethical guidelines and operational safeguards. The following recommendations outline how AI can be used responsibly and effectively in family law ODR.
Human oversight
One of the most important safeguards in the use of AI in family law ODR is ensuring that human professionals remain actively involved in the process. This approach emphasizes that AI should augment, not replace, the judgment of mediators, judges or evaluators. Human oversight is crucial for interpreting context, exercising empathy and adapting procedures to the nuanced realities of each case.
Transparent and explainable AI systems
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Tailored approaches based on dispute type
Family law encompasses a diverse range of disputes, including guardianship and parenting, child support, spousal support, intimate partner violence and property division, each with different emotional, legal and procedural dimensions. As such, a one-size-fits-all approach to AI-assisted ODR is inappropriate and potentially harmful. Systems must be adapted to the specific nature and complexity of each dispute type, with differentiated tools, interfaces and levels of automation.
Regular evaluation and bias audits
Ethical AI development requires ongoing evaluation and systematic bias auditing. Algorithms are not static; they evolve as they are retrained and updated, and they can reproduce or even amplify bias if left unchecked. Therefore, third-party neutrals using AI in ODR must implement regular performance reviews, fairness assessments and impact evaluations, with particular attention paid to differential outcomes across racial, gender and socioeconomic lines.
Regulations and oversight
The responsible deployment of AI in family law ODR requires a robust legal and ethical regulatory framework. At present, most jurisdictions lack comprehensive standards governing the design, deployment and oversight of AI in the justice system. Clear policies and ethical codes must be developed to define acceptable uses of AI, delineate the roles and responsibilities of various stakeholders, and ensure the protection of participants’ fundamental rights. Guidelines should address consent, data privacy, the right to a human review and the explainability of automated decisions.
Conclusion
As AI continues to evolve, so too must the ethical and professional frameworks that guide its use in family law ODR. The goal is not to resist innovation but to integrate it in ways that uphold justice, compassion and human oversight.
By prioritizing transparency, accountability and equity, practitioners and policymakers can ensure that AI remains a supportive tool, one that enhances, rather than replaces, the human qualities essential to resolving family disputes. With thoughtful regulation and deliberate design, the promise of AI in ODR can be realized without sacrificing the values that define the family justice system.
This is part three in a three-part series. Part one: The benefits of AI in family law online dispute resolution; part two: Risks and challenges of AI in online dispute resolution for family law, part two.
Brett Carlson is a trusted family law adviser with nearly a decade of experience guiding clients through complex, high-stakes family law matters. Brett’s practice spans all areas of family law, with a particular focus on advising high-net-worth individuals, entrepreneurs, professionals and business owners. He is an Accredited Family Law Mediator with the Law Society of British Columbia and provides both mediation and arbitration services in Alberta for family law and estate matters.
The opinions expressed are those of the author and do not reflect the views of the author’s firm, its clients, Law360 Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
Interested in writing for us? To learn more about how you can add your voice to Law360 Canada, contact Analysis Editor Yvette Trancoso at Yvette.Trancoso-barrett@lexisnexis.ca or call 905-415-5811.