LEGAL REGULATION OF MEDIATION IN THE AGE OF ARTIFICIAL INTELLIGENCE: A COMPARATIVE ANALYSIS OF UKRAINE AND THE UNITED STATES (2021–2026)

Abstract

This article presents a comparative analysis of the legal regulation of mediation in Ukraine and the United States between 2021 and 2026 in light of an emerging challenge: the use of artificial intelligence tools in mediation practice. The study applies the comparative legal method, doctrinal analysis of primary sources (the Law of Ukraine “On Mediation,” the Uniform Mediation Act, Regulation (EU) 2024/1689, and the institutional rules of ADR providers), and a critical review of the scholarly literature. The analysis shows that neither jurisdiction has adopted a binding rule defining the limits of a mediator's use of AI, disclosure duties toward the parties, or the allocation of responsibility for errors in AI-generated content. At the same time, the article develops the author's position that the very nature of mediation calls into question the need for strict statutory regulation of AI in this field. A mediator renders no decision; legal force attaches to the parties' settlement agreement, and state enforcement secures that agreement rather than any act of the neutral. This reasoning finds support in EU law: under Recital 61 of Regulation (EU) 2024/1689 and the European Commission's draft guidelines of May 19, 2026, the high-risk classification of AI systems in ADR turns on whether the outcome of the procedure produces legal effects for the parties. The article proposes a differentiated approach: instead of regulating the technology, the proper object of regulation is the mediator's personal responsibility for verifying AI-generated content, with possible exceptions for particular categories of disputes.