UK Law and Practice Contributed by: Alex Cook, Helix Law
10. Dispute Resolution and AI 10.1 Regulation
There are also indications that AI is increasing data burdens, with clients generating ever-growing vol- umes of AI-generated queries, which in turn trigger lawyers’ duties to engage with and address that mate- rial, ultimately increasing the costs and time required to process it. There are some indications that AI will lead to an increase in cases involving technology, data, and AI-related issues. Generally speaking, AI is a tool rather than a decision-maker. 10.3 Future Courts in England and Wales have cautiously embraced AI as a tool to improve efficiency. It is already used in areas such as document review and disclosure, helping reduce time and cost, particu- larly in large commercial disputes. Judicial guidance makes it clear that AI can be used, but must be prop- erly supervised, with lawyers and parties remaining fully responsible for accuracy and compliance with duties to the court. Looking ahead, AI is likely to become more embedded in routine litigation processes, especially in disclosure, case preparation and management. However, its role will remain assistive rather than determinative – key decisions, relationships and judgement calls will con- tinue to rest with lawyers and clients, as well as judg- es. The overall trajectory is toward greater efficiency and data-driven processes, balanced by ongoing concerns around reliability, transparency, and profes- sional responsibility.
In England and Wales, there is no specific AI regime for dispute resolution, but its use is governed by exist- ing legal and professional rules. Courts and regulators require lawyers to ensure accu- racy, confidentiality, and proper supervision, and they remain responsible for any AI-generated con- tent. Judicial guidance emphasises that AI must be checked and not mislead the court. Overall, AI is permitted but subject to existing duties and increasing scrutiny. In a number of instances, law- yers have been pursued for inappropriately relying on AI-generated content that was in fact entirely wrong. 10.2 Impact Artificial intelligence is having a growing practical impact on the work of litigators, principally by improv- ing the efficiency of workflows for specialist teams and firms willing to embrace the opportunities it pre- sents. AI is also raising client expectations, with many now looking to share in the benefits of the AI revolu- tion. This, in turn, is leading to increased expecta- tion that alternative funding will be offered, and that the risk/reward of monetising a dispute will be shared between a party and their instructed solicitors. At the same time, AI tools that were once only accessible to large litigation teams are becoming widely available to assist with complex tasks such as technology-assist- ed review in disclosure, legal research, case analysis, and preparation. Small teams supported by highly complex technology can now process large volumes of data quickly and accurately.
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