Artificial Bias: The Ethical Concerns of AI-Driven Dispute Resolution in Family Matters

From the global positioning systems (GPS) that guide our morning commute to the more complex machine learning systems used to build Spotify’s curation algorithms, artificial intelligence (AI) has become a central part of the way that society functions efficiently. AI has become increasingly integrated into our daily lives, permeating consumer and corporate worlds alike. Despite a reputation for being slow to adopt new technology, the legal field has been particularly forward in embracing the use of AI to increase docket speeds, optimize case management, and fill gaps in access to justice. An impressive array of programs now exists, creating a virtual legal system that allows individuals to draft a will, revise a contract, or attend a deposition—all from home. From self-represented clients using a digital divorce template to law firms using advanced AI programs to determine the statistical and precedential likelihood of their client securing custody of their children during a contentious divorce, these programs run the gamut in capability and ease of access. AI programs can be used to create parenting plans and separation agreements, divide assets among parties, and draft terms of divorce based on various forms of historical and legal data. These programs represent an important advancement in the legal field’s ability to remain relevant in an increasingly automated world and can be helpful in expediting what is normally an arduous and lengthy process