Can AI Technology Help Negotiate Family Law Cases?

In 1909, E.M. Forster’s The Machine posited a world where humanity ends up worshiping a machine that cares for them, isolates them.  However, if they disobeyed, threatens them with homelessness.  EPICAC, as described by Kurt Vonnegut, has inevitably shaped how humanity viewed supercomputers and their ability to share emotion.  Of course Dave quickly found out in 2001: A Space Odyssey, that computers like HAL might go insane and Joshua who is also known as the War operation Plan Response (WOPR) let us know that the only winning move avoiding a global thermonuclear war is not to play in the 1982 movie, War Games.

Amid the Covid-19 pandemic, negotiators are increasingly making deals and resolving disputes online. But a trend toward online dispute resolution (ODR) was already in the making before we all began to quarantine. On July 15, experts discussed how technology can help us effectively and efficiently resolve disputes in a roundtable discussion, “AI Agents Negotiating Deals and Resolving Disputes,” hosted by the International Association for Conflict Management and moderated by Northwestern University professor emerita Jeanne Brett.

In recent years, according to panelist Colin Rule, co-founder of ODR provider Modria.com has stated Online dispute resolution (ODR) has “grown by leaps and bounds”.  Private companies, individuals and even courts are relying on ODR to resolve many millions of disputes each year.

Advanced negotiation techniques included in ODR include the use of artificial intelligence (AI) agents which are computer programs that can negotiate and help resolve disputes.  AI agents can aid in mediating disputes between two or more humans, negotiate on behalf of a human negotiator, or negotiate with each other.  Modria, for example, is an online collaborative workspace where two parties can come together to resolve their dispute. The AI agent asks each party questions about their interests and preferences, then works to facilitate an efficient agreement.

Although today’s technology has certainly provided more efficient ways of conducting many task, have we learned anything from the stories of the past?  Could you imagine WOPR negotiating with EPICAC over marital assets?  Instead of splitting the sale of the house, both parties AI Negotiators might agree to blow up the house and giving away all of the assets.  The Machine might be the ideal AI Negotiator in a child custody case, but there will be no room for understanding as situations change and could leave you without any future contact with your kiddos if you don’t adhere strictly to the agreed upon guidelines.  Now if your AI Negotiator had to battle HAL, there might not be any compromise at all leaving you with no alternative options but to pull the plug entirely.

Unless you desire the same technology as C-3PO, T-800, Wall-E, ED209, Johnny 5, or R2D2 negotiating on your behalf; having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2020, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.  Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.