---
title: "Notice and consent for AI transcription or notetaking in mediations and other ADR sessions"
url: "https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/ai-notetaker-consent-notice"
type: "precedent"
site: "AI Law Framework"
id: "a6-ai-notetaker-consent-notice"
area_id: "A6"
kind: "notice"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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…

Canonical page: https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/ai-notetaker-consent-notice  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Notice. A formal notice to serve or publish.
- Practice area: [Arbitration & Alternative Dispute Resolution](https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution.md)
- Jurisdictions: Australia, New South Wales, Victoria
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 6 authorities it cites, for Australia, New South Wales and Victoria.

## 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

## Authorities

- [Surveillance Devices Act 2007 (NSW) s 7](https://legislation.nsw.gov.au/view/html/inforce/current/act-2007-064)
- [Surveillance Devices Act 1999 (Vic) s 6](https://www.legislation.vic.gov.au/in-force/acts/surveillance-devices-act-1999)
- [Privacy Act 1988 (Cth) Sch 1, APPs 3, 5 and 11](https://www.legislation.gov.au/C2004A03712/latest/text)
- [Civil Procedure Act 2005 (NSW) ss 30, 31](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-028)
- [Evidence Act 1995 (Cth) s 131](https://www.legislation.gov.au/C2004A04858/latest/text)
- [OAIC, Guidance on privacy and the use of commercially available AI products](https://www.oaic.gov.au/privacy/privacy-guidance-for-organisations-and-government-agencies/guidance-on-privacy-and-the-use-of-commercially-available-ai-products)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/ai-notetaker-consent-notice and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*