22/09/2026
What we are watching this month in Australian dispute resolution.
Australian courts have now set out their positions on AI. Mediation has not.
The courts have moved, and quickly.
The Federal Court issued its Generative Artificial Intelligence Practice Note in April. The Supreme Court of Victoria followed in May with a practice note for court users and separate guidelines for judicial officers. The Federal Circuit and Family Court issued its own Practice Direction on 29 May. NSW courts and tribunals have their own protocols.
One clause is worth every mediator's attention.
The Federal Circuit and Family Court's Practice Direction states that court users must not use an AI tool in a way which has the effect of perpetrating family violence. That is a court naming a risk that none of the international mediation guidance addresses. For anyone doing family dispute resolution, it is a screening question you may not have been asking.
International guidance for mediators exists, and it points at disclosure.
The IBA Mediation Committee released its Guidelines on the Use of Artificial Intelligence in Mediation in June 2025. They are built on consent, confidentiality, neutrality and a balanced process, and they include a sample statement participants can adopt. The question is no longer whether a mediator may use these tools. It is what parties are entitled to know about it.
Australia has no equivalent for mediators.
Courts developed their positions through consultation and published documents. Mediation, being private by design, has had no forcing mechanism. So the practical questions are being answered privately, one agreement to mediate at a time.
We expect this to be a live conversation in Adelaide. What is your practice doing about AI disclosure? We would like to hear it.
NMC 2027 · Navigating Peace: Courage, Creativity, Resilience
19 to 22 September 2027 · Adelaide Convention Centre
