Notice · Arbitration & Alternative Dispute Resolution
Notice and consent for AI transcription or notetaking in mediations and other ADR sessions
A notice to every participant explaining a proposed AI transcription or notetaking tool for a mediation, conciliation or settlement conference, with individual consent, privacy and confidentiality safeguards, deletion terms and an opening script for the session.
- Kind
- Notice. A formal notice to serve or publish.
- Where it applies
- Australia, New South Wales, Victoria
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked on 17 October 2026 against the 6 authorities it cites, for Australia, New South Wales and Victoria.
- Version
- 1
- Source
- Written for this library
When to use it
Use whenever anyone, including a party, lawyer or the mediator, wants to use an AI notetaker, transcription or summary tool in an ADR session. If any participant does not consent, the tool must not be used. Not needed where no recording or AI tool will be used, but then say so expressly in the mediation agreement.
How AI may be used
An AI notetaker may be used only with the informed written consent of every participant, never in private sessions, and only in a tool that keeps the content confidential, does not train on it and deletes it on schedule. A person checks any summary before it is relied on.
AI may
- Transcribe or summarise joint sessions when every participant has consented in writing
- Produce a list of agreed action items for the participants to check
- Delete recordings and outputs automatically on the agreed date
AI must not
- Must not run in private sessions with the mediator
- Must not run if any participant has not consented or withdraws consent
- Must not store content in a tool that uses it for training or keeps it beyond the agreed period
- Must not be treated as an accurate record of settlement terms without each party's confirmation
The lawyer checks
- Every participant, including advisers and support people, has signed or recorded consent
- The tool's contract and settings match what the notice promises
- Any summary has been checked against the participants' understanding before use
- Deletion has occurred and been confirmed on the agreed date
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Arbitration & Alternative Dispute Resolution
- ACICA model arbitration clause (standard and expedited): choosing and completing it
- Notice of arbitration (ACICA Rules, with UNCITRAL and ad hoc variants)
- Mediation agreement (with confidentiality and recording/AI-notetaker clause)
- Redfern schedule for document production requests (with guidance)
- Procedural order (or party agreement) on the use of AI in the arbitration
All precedents for Arbitration & Alternative Dispute Resolution · Tasks and AI use in this area