Phillip McCallum
MEDIATOR AND ARBITRATOR

As artificial intelligence (AI) becomes more sophisticated and accessible, its influence on the legal profession—and particularly alternative dispute resolution (ADR) —is accelerating. One of the most promising applications of AI in this space is the use of predictive analytics to assist in case valuation during mediation or arbitration. While AI will never replace the professional judgment and human understanding central to dispute resolution, it can serve as a powerful tool to help parties and their counsel enter negotiations with data-informed expectations. What is Predictive Analytics in ADR? Predictive analytics involves the use of algorithms to analyze vast datasets—including jury verdicts, settlement values, case durations, and judge/arbitrator behaviors—to forecast likely outcomes of legal disputes. When integrated into the ADR process, this data can support more realistic valuations and help break through impasse rooted in overly optimistic or uninformed expectations. Platforms such as Premonition, Westlaw Edge, and Lex Machina already offer predictive tools based on real-world case data. Used ethically, these insights can guide mediators and arbitrators in helping parties better understand risk, evaluate legal positions, and consider resolution options grounded in precedent. Benefits and Ethical Considerations ✅ Improved Transparency : Parties are better prepared to engage in good-faith negotiation. ✅ Data-Informed Strategy : Lawyers can align valuation with comparable outcomes. ✅ Ethical Use Is Key : Neutrals must ensure that AI tools are used to supplement—not replace—neutral judgment, and that any biases in data sources are acknowledged and mitigated.  As a mediator and arbitrator, I see predictive analytics not as a shortcut, but as a support system —a way to help parties approach the table with clarity, confidence, and context. In the right hands, AI-driven tools can enhance the resolution process and deliver outcomes that are better understood—and more widely accepted.

As mediation and arbitration continue to grow as preferred alternatives to litigation, the expectations for professionalism, consistency, and accountability in ADR have never been higher. Across both domestic and international forums, there is a clear and accelerating shift toward formal credentialing, structured peer review, and ongoing education for mediators and arbitrators. The future of ADR is not just about experience—it’s about earned and verified excellence. Rising Expectations from the Legal Community Attorneys, general counsel, and institutional clients are increasingly asking: ➡ “Is this neutral trained in this specific subject matter?” ➡ “Do they follow a recognized code of conduct?” ➡ “Are they current on the latest legal and procedural developments?” The answer to these questions matters more than ever. In a competitive field, credentialing helps ensure quality, consistency, and trust in the process—and makes selection easier for counsel. Credentialing Bodies Leading the Way Organizations such as the American Arbitration Association (AAA), JAMS, NADN, and international institutions like the Chartered Institute of Arbitrators (CIArb) have raised the bar by offering certification programs, codes of ethics, and peer-reviewed panel standards. Many courts now also prefer or require neutrals with verifiable training or membership in professional organizations. Continuing Education is No Longer Optional With rapid changes in technology, ethics, and legal standards, ongoing training is essential. Mediators and arbitrators who stay current can better manage complexity, adapt to client expectations, and uphold best practices in increasingly specialized disputes. For ADR professionals, the future is clear: credentialing is credibility. For counsel and parties booking mediators and arbitrators, verifying those credentials is an essential part of due diligence. As the field continues to mature, those who invest in professional development will lead the way in delivering fair, efficient, and trusted dispute resolution.