- 24 Jan 2025
- •
- 3 min read
Does ChatGPT have a place in disputes?

AI is becoming an increasingly important role tool across all areas of business, and legal services and court proceedings are no exception. There is now published judicial guidance for judges when using AI within the Courts and Tribunals themselves.
For in-house counsel and compliance teams, the pressure to adopt AI for greater efficiency is growing. But how much of a role does generative AI, such as Chat GPT, really have in resolving disputes? We explore some key challenges below.
No substitute for clear communication
At Trethowans, our Dispute Resolution team has noticed an increasing trend of litigants in person using AI tools like ChatGPT in their correspondence.
How can we tell?
The responses often resemble overly excessively legalistic essays summarising the law, often focusing on headlines and well-publicised cases and missing more nuanced recent legal updates. Crucially, these letters frequently fail to focus on the actual facts in dispute or suggest any pragmatic way forward.
The reality is that no case is ever won by reciting the law, especially if the law relied on outdated cases. Successful dispute resolution requires:
- A detailed understanding of the facts (and their nuances), and how they apply to the law.
- Weighing the strength of evidence available, and how it will likely be treated by a judge.
- Awareness of commercial objectives of both parties.
- Tactical evaluation of risks for both sides.
- Effective communication that not only clearly presents your position, but also actively engages with the other party’s perspective, even when you disagree. When it comes to dispute resolution, how we say things is just as important as what we say.
AI-generated correspondence often lacks the clear and persuasive language needed to resolve disputes. Instead, it can get bogged down in summarising legal principles at the expense of properly engaging with the issues at hand (including any hope for resolution). While AI can assist with research and review (when used responsibly and verified), it is no substitute for legal input.
The importance of checks and balances
The importance of checks and balances when using AI cannot be overstated. AI is not infallible, and rarely can recognise that it has a knowledge gap. It instead has a terrible tendency to fabricate information in those circumstances: see our previous case update on Chat GPT’s made up cases.
Caution must be used as to any confirmation bias or other flaws which generative AI may have, particularly given its knowledge relies on storing and reproducing previous answers. The recent Post Office Horizon scandal has emphasised the importance of testing the accuracy of any technology which is relied upon, and no doubt this will become increasingly relevant with the use of AI growing.
Lord Justice Birss recently spoke about using ChatGPT to assist in preparing a judgment, emphasising the need for human oversight:
“I’m taking full personal responsibility for what I put in my judgment, I am not trying to give the responsibility to somebody else. All it did was a task which I was about to do and which I knew the answer and could recognise an answer as being acceptable.”
Regulatory and environmental considerations
There are also significant data protection and intellectual property risks associated with AI use. For advice on navigating these challenges, you can access our recent webinar here.
Additionally, the environmental impact of generative AI is an emerging concern. It is thought that a single conversation with ChatGPT may use the equivalent of an entire bottle of water (source: Forbes). Organisations using AI regularly should assess how this aligns with their ESG policies and reporting obligations.
In summary
AI inevitably has a place in disputes, but it must be used effectively. While the ability to generate a legal letter in under 30 seconds might seem impressive, the focus must instead be on ensuring correspondence engages meaningfully with the dispute and prioritises quality over speed!
Much like mentoring a junior team member, generative AI works best alongside you in completing tasks, with your guidance and experience, not as a replacement.
There is no substitute for getting early specialist input, particularly in relation to any strategic considerations. Trethowans’ Dispute Resolution team are experienced in resolving a broad range of commercial contract disputes. Get in touch with us to find out how we can support you.

Disclaimer
This information is intended for general informational purposes only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0800 2800 421.