AI and the Formulation of Critical Data for Trust Mediations

The article discusses how attorneys gather and use information in litigation, emphasizing that the ability to effectively process and apply information distinguishes good attorneys from ineffective ones. While attorneys must analyze facts and legal issues, the balance of information between opposing parties is often unequal. Discovery processes aim to level this imbalance, but time constraints and client needs—especially in trust disputes—can pressure attorneys to settle cases through mediation.

The article then explores the emerging role of artificial intelligence (AI) in assisting attorneys, particularly in trust litigation. AI platforms, including large language models (LLMs) and generative AI, are evolving to help attorneys manage and process information more efficiently. These technologies could soon support mediation, assisting with asset allocation in subtrusts, trust accountings, and other data-heavy tasks. AI's potential to automate complex calculations, verify opposing counsel’s projections, and organize financial records offers significant time and cost savings.

The future of AI in litigation will depend on its growing sophistication and the creative use of technology by attorneys, but its effectiveness in mediations and large-scale information processing is expected to increase dramatically. The question of whether AI can provide wisdom in decision-making remains open for debate.

For more information see John H Sugiyama "AI and the Formulation of Critical Data for Trust Mediations," ABA Probate and Property Journal, September 1, 2024.